Chapter 2-15 — SHUTTLE BUSINESS IMPROVEMENT DISTRICT

(Legislative History: Ordinance No. 04-013, 6/21/04 (Sections 2-15-010—2-15-100); Ordinance No. 04-021, 10/18/04 (Section 2-15-100); Ordinance 2005-017, 10/3/05; Ordinance No. 2009-002, 4/6/09; Ordinance No. 2014-023, 12/15/14)

Note: Editor's Note: Ordinance No. 2014-023 repealed and replaced Ch. 2-15 in its entirety.

The purpose of this chapter is to establish the West San Leandro Shuttle Business Improvement District.

Pursuant to the Act, a business improvement district area is hereby created and established and designated as the "West San Leandro Shuttle Business Improvement District" for the area located within one-quarter mile of the West San Leandro Shuttle route excepting therefrom that area within one-half mile of the San Leandro BART Station, as shown on the map at the end of this Chapter.

All businesses within the boundaries of the district established by this Chapter shall be subject to any amendments of the Parking and Business Improvement Area Law of 1989, codified as California Streets and Highways Code Section 36500 et seq.

The assessment is to be levied on all businesses, existing and future, within the BID in the City of San Leandro based upon a fee of Twenty-one dollars per employee per year per business. Annually, the assessment may be increased in an amount up to the increase, if any, of the Cost of Living Index for San Francisco-Oakland-San Jose, All Urban Consumers. Businesses that have a Home Occupation Permit, businesses with three or less employees, businesses that have received Internal Revenue 501(c)(3) tax-exempt status, and businesses that are exempt from local assessments under State or Federal law are exempt from the assessment.

All protests, both written and oral, are overruled and denied and the City Council finds that there is not a majority protest within the meaning of Section 36525 of the Act.

All of the assessments imposed pursuant to this Chapter shall be reviewed by the City Council annually based upon the annual reports prepared by the advisory board appointed pursuant to Sections 36530 and 36533 of the California Streets and Highways Code. Pursuant to Section 36533(c), the City Council may approve the report as filed by the advisory board or may modify any particular contained in the report and approve it as modified.

No portion of the revenues from the assessments within the district shall be used to provide improvements outside of the district for any purpose. The assessments shall be used exclusively to fund the West San Leandro Shuttle, other related transportation activities, and the administrative costs of collecting the assessment, or as modified by the City Council pursuant to compliance with Sections 36534 and36535 of the California Streets and Highways Code.

The assessment imposed by this Chapter shall remain in effect for 15 years from the effective date of the ordinance codified in this Chapter, unless sooner terminated, as provided in the Act.

The assessment imposed by this Chapter is levied on an annual basis upon all businesses within the district and the owner of each business shall be solely responsible for paying all assessments when due. The assessment will be collected annually at the same time, and in the same manner, as the business license tax imposed by Title 2, Chapter 2 of this Code. If a new business opens in the district before January 1 of any year in which an assessment is collected, that business will be responsible for paying the full amount of the assessment. If a new business opens in the district after January 1 of any year in which an assessment is collected, that business will be responsible for paying 50% of the assessment. Failure to pay the assessment when due shall be deemed a delinquency, and collection of such delinquency shall be in a manner consistent with the collection of delinquent business license taxes.

Figure 1: LINKS Route and BID Area

CHAPTER 2-16 (RESERVED)

(Legislative History: Chapter 2-16, Emergency Communication System Access Fee, previously codified herein and derived from Ordinance No. 04-015, was repealed by Ordinance No 2008-018, 12/15/08 (Sections 2-16-200—2-16-286))