YEAR 2004 ANNUAL REPORT OF THE SOLANO AVENUE BUSINESS IMPROVEMENT
DISTRICT; DECLARING COUNCILíS INTENTION TO LEVY AN ANNUAL ASSESSMENT
FOR THE SOLANO AVENUE BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR
2005; AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR
NOVEMBER 16, 2004 TO CONSIDER LEVYING A RENEWED ASSESSMENT FOR 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
December 9, 2003 the Berkeley City Council established such an area
known as the Solano Avenue Business Improvement District (the
City Council established a Solano Avenue 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 2005
as required by the California Streets and Highways Code Section 36533;
Annual Report is clear and complete and found to comply with the
interests of Downtown assessees; and
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
BE IT RESOLVED by the Council of the City of Berkeley as follows:
The City Council hereby approves the Solano Avenue Business
Improvement District Annual Report for the year 2004 (Exhibit 1) as
submitted to the City Clerk by the Solano Avenue 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 Solano Avenue
Business Improvement District.
The boundaries of the District are set forth in Exhibit 1.A. of
the BID year 2005 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:
Maintenance of public spaces.
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.
Advertising and promotion of tourism within the area.
Other activities that benefit businesses located and operating
in the area.
that these funds be used principally for promotion and marketing
activities, maintenance and public improvements for the Solano Avenue
commercial area. Council
explicitly intends that funds generated through this BID shall not be
used to pay for activities routinely paid for by the City.
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.
6. A public
hearing shall be held before the City Council on the 16th day of
November, 2004 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 Solano Avenue 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 Solano
Avenue 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
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.