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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE N0.2005-017 (1413/2993) AN ORDINANCE OF THE CITY OF SAN LEANDRO AMENDING TITLE 2 OF THE SAN LEANDRO MUNICIPAL CODE TO DELETE CHAPTER 15 AND TO ADD A NEW CHAPTER 15 ESTABLISHING THE WEST SAN LEANDRO SHUTTLE BUSINESS IMPROVEMENT DISTRICT IN THE CITY OF SAN LEANDRO WHEREAS on June 21, 2004 the City Council of the City of San Leandro established a Parking and 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 herein 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, the ordinance establishing the BID provided that the City Council will hold a public hearing on the BID no later than September 30, 2005, and unless a majority protest were received, the BID ordinance will continue in full force and effect; and WHEREAS, the City wishes to expand the BID to include additional businesses; and WHEREAS, in order to do so, the City has determined that the BID needs to be re- established rather than merely amended; and WHEREAS the ROI to re-establish the BID was duly published and copies thereof were mailed as provided by law; and WHEREAS as specified in the ROI a public hearing concerning the formation of the district was held on September 19, 2005 at 7:00 p.m. before this Council in the City Council Chambers at City Hall, 835 East 14th Street, San Leandro, California; and WHEREAS at the hearing all protests, both written and oral, made or filed, were considered and duly overruled and denied and this Council determined that there was no majority protest within the meaning of Section 36523 of the Act; and WHEREAS protests in writing from businesses in the proposed BID paying fifty percent or more of the proposed assessment have not been received; and WHEREAS the City Council finds that all the businesses within the BID will benefit by the expenditure of the funds raised and the assessment levied hereby in the manner prescribed herein; and WHEREAS an advisory board is required pursuant to the California Streets and Highway Code and shall be established by the City Council; and