ASSESSMENT FOR THE DOWNTOWN BERKELEY BUSINESS IMPROVEMENT DISTRICT
APPROVE THE YEAR 2002
ANNUAL REPORT OF THE DOWNTOWN BERKELEY BUSINESS IMPROVEMENT DISTRICT;
DECLARE COUNCIL'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE DOWNTOWN
BERKELEY BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2002; AND DIRECT
THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR OCTOBER 30, 2001, TO
CONSIDER LEVYING A RENEWED ASSESSMENT FOR THE YEAR 2002
WHEREAS, the Parking
and Business Improvement Area Law of 1989 (California Streets and Highway
Code section 36500 et seq.) authorizes cities to establish parking and
business improvement areas for the purpose of imposing assessments on
businesses for certain purposes; and
WHEREAS, on October 8,
1996, the Berkeley City Council established such an area known as the
Downtown Berkeley Business Improvement District (the
WHEREAS, the City
Council at that time also established a Downtown Berkeley Business
Improvement District Advisory Board (Advisory Board) to act in compliance
with State law to oversee the activities of the District; and
the Advisory Board has submitted an Annual Report to the Berkeley City
Council that outlines the activities of the District proposed for 2002 as
required by the California Streets and Highways Code Section 36533;
WHEREAS, the Annual
Report is clear and complete and found to comply with the interests of
Downtown assessees; and
WHEREAS, the annual
process for levying assessments in Business Improvement Districts requires
that cities adopt a Resolution of Intent that declares their intent to
levy such an assessment and then set a date for a public hearing where
interested parties may be heard on the issue.
NOW THEREFORE, BE IT
RESOLVED by the City Council of the City of Berkeley as follows:
The City Council hereby approves the Downtown Berkeley Business
Improvement District Annual Report for the year 2002 (Exhibit 1 – on
file in the City Clerk’s Office) as submitted to the City Clerk by the
Downtown Berkeley Business Improvement District Advisory Board.
Pursuant to the provisions of Section 36500 et seq. of the
California Streets and Highways Code (the "Act"), the City
Council declares its intent to levy an annual assessment for the parking
and business improvement area known as the Downtown Berkeley Business
3. The boundaries of
the District are set forth in Exhibit 1.A. of the BID year 2001 Annual
Report which is attached hereto and incorporated herein by reference (on
file in the City Clerk’s Office).
4. The improvements
and activities proposed for the District shall be funded by the levy of
assessments on businesses within the District boundaries and may include
improvements, i.e., the acquisition, construction, installation, or
maintenance of any
tangible property with an estimated useful life of five years or more.
of public events which benefit businesses in the District and which
take place on or in public places within the District.
of music in any public place in the area.
of tourism within the area.
which benefit businesses located and operating in the area.
efforts including commercial district revitalization, promotion, urban
design, economic restructuring and a strong representative downtown
Downtown commercial interests working with City staff and elected
officials to develop plans for the improvement of the physical
character and economic vitality of the area.
Council intends that
these funds be used principally for promotion and marketing activities for
the Downtown area. Council
explicitly intends that funds generated through this BID shall not be used
to pay for activities routinely paid for by the City, particularly
constructing, cleaning or maintaining public improvements or streetscapes,
police-related or any other services targeted to public safety.
The City Council intends to levy assessments on businesses located
within the boundaries of the District in the amounts and on the business
classifications set forth in Exhibit 1.D. which is attached hereto and
incorporated herein by reference (on file in the City Clerk’s Office).
6. A public
hearing shall be held before the City Council on the 30th day of October
2001 in the Council Chambers, 2134 Martin Luther King, Jr. Way, Berkeley,
California. Following the hearing the Council will consider adoption
of a resolution levying an assessment as recommended by the Downtown
Berkeley Business Improvement Advisory Board.
At this hearing the Council will hear all interested persons for or
against the levying of such an assessment.
against the levying of the District assessment must be made in writing.
All written and oral protests should contain the following
certification: "I certify that I am the owner of the business listed
below, and that the business is located or operates within the boundaries
of the Downtown Berkeley Business Improvement District." Protests
should also contain the following information: business name (printed),
business address (printed), City Business License Tax Registration number,
name of protester (printed), signature of protester, date of protest and
the reason(s) the protester is against the levying of the District
assessment. Protests will not
be considered valid unless signed and submitted by the owner of a business
located within the boundaries of the proposed District. Written protests
shall be filed with the City Clerk, First Floor, City Hall, at 2180 Milvia
Street, Berkeley, California, 94704, at or before the time fixed for the
hearing and shall contain a description of the business sufficient to
identify the business, and if the person so protesting is not listed on
City records as the owner of the business, the protest shall be
accompanied by written evidence that the person subscripting the protest
is the owner of the business. Any protest pertaining to the regularity or
sufficiency of the proceedings shall be in writing and shall clearly set
forth the irregularity or defect to which the objection is made. If
written protests are received from the owners of businesses in the
District which will pay fifty percent (50%) or more of the assessment
proposed to be levied, no further proceedings to levy the assessment shall
be taken for a period of one year from the date of the finding of a
majority protest by the City Council. If the majority protest is only
against the furnishing of a specified type or types of improvements or
activities within the District, those types of improvements or activities
shall be eliminated. Any person having a question regarding the hearing
proceedings may telephone (510) 981-6900. Any person having a question
regarding the assessment itself or the operation of the proposed District
may telephone (510) 705-8181.
7. The City Clerk is
directed to give notice of said public hearing by causing the Resolution
of Intention to be published once in a newspaper of general circulation in
the City of Berkeley not less than seven (7) days before the public
The City Clerk shall certify to the passage of this Resolution and
cause the same to be published in accordance with the Act.