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File Number: 20-339 <br />where said special assessment is a lien or encumbrance on the property and the purchaser or <br />transferee agrees to pay such special assessment or takes the property subject to the lien of such <br />special assessment. The value of any lien or encumbrance of a type other than those which are <br />hereinabove specifically included, existing immediately prior to the transfer and remaining after <br />said transfer, shall not be included in determining the value of the consideration. If the value of the <br />consideration cannot be definitely determined, or is left open to be fixed by future contingencies, <br />“value of the consideration” shall be deemed to mean the fair market value of the property at the <br />time of transfer after deducting the amount of any lien or encumbrance if any of a type which would <br />be excluded in determining the value of the consideration pursuant to the above provisions of this <br />section. <br />SECTION 2. FUTURE AMENDMENTS. To the extent allowed under Article XIII C of <br />the California Constitution, this Ordinance may be amended by the City Council without a vote of <br />the people, except that voter approval shall be required for any amendment that increases the tax, <br />within the meaning of Government Code section 53750(h), beyond the levels authorized by this <br />chapter. <br />SECTION 3. CEQA. Approval of the ordinance is exempt from further environmental <br />review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section <br />15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant <br />effect on the environment. As a series of text amendments and additions, it can be seen with <br />certainty that there is no possibility that this ordinance will have a significant effect on the <br />environment. <br />SECTION 4. SEVERABILITY. If any section, subsection, subdivision, paragraph, <br />sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is <br />for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not <br />affect the validity or enforceability of the remaining sections, subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other <br />person or circumstance. The City Council of the City of San Leandro hereby declares that it would <br />have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase <br />hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, <br />paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. <br />SECTION 5. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect <br />ten (10) days after the certification of its approval by the voters at the Election pursuant to <br />Elections Code section 9217. Upon approval by the voters, the City Clerk shall certify to the <br />passage and adoption of this Ordinance and shall cause it to be published according to law. <br />Introduced by Councilmember Hernandez and passed to print on this 20th day of July <br />2020, by the following called vote: <br />Members of the Council: <br />AYES: Councilmembers Aguilar, Ballew, Cox, Hernandez, Lee, Lopez, Mayor Cutter <br /> (7) <br />Page 2 City of San Leandro Printed on 12/9/2020 <br />77