Berkeley Business Improvement District Annual Assessment
THE YEAR 2003 ANNUAL REPORT OF THE DOWNTOWN BERKELEY BUSINESS
IMPROVEMENT DISTRICT; DECLARING COUNCIL'S INTENTION TO LEVY AN ANNUAL
ASSESSMENT FOR THE DOWNTOWN BERKELEY BUSINESS IMPROVE-MENT DISTRICT
FOR CALENDAR YEAR 2003; AND DIRECTING THE CITY CLERK TO SCHEDULE A
PUBLIC HEARING FOR DECEMBER 10, 2002, TO CONSIDER LEVYING A RENEWED
ASSESSMENT FOR THE YEAR 2003
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
on October 8, 1996 the Berkeley City Council established such an area
known as the Downtown Berkeley Business Improvement District (the
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
the Advisory Board has submitted an Annual Report to the Berkeley City
Council that outlines the activities of the District proposed for 2003
as required by the California Streets and Highways Code Section 36533;
the Annual Report is clear and complete and found to comply with the
interests of Downtown assessees; and
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
THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley as
The City Council hereby approves the Downtown Berkeley Business
Improvement District Annual Report for the year 2003 (Exhibit 1) 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 Improvement District.
The boundaries of the District are set forth in Exhibit 1.A. of
the BID year 2003 Annual Report which is attached hereto and
incorporated herein by reference.
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 the following:
Public improvements, i.e., the acquisition, construction,
installation, or maintenance of any tangible property with an
estimated useful life of five years or more.
Promotion of public events which benefit businesses in the
District and which take place on or in public places within the
Furnishing of music in any public place in the area.
Promotion of tourism within the area.
Activities which benefit businesses located and operating in
Mainstreet program efforts including commercial district
revitalization, promotion, urban design, economic restructuring and a
strong representative downtown organization.
Representation of 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.
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.
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.
6. A public
hearing shall be held before the City Council on the 10th day of
December, 2002 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.
protests 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.
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 hearing.
further technical information, please contact Ted Burton, Economic