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 2006
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
1. The City
Council hereby approves the Downtown Berkeley Business Improvement
District Annual Report for the year 2006 (Exhibit A) as submitted to
the City Clerk by the Downtown Berkeley Business Improvement District
2. 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
3. There is no
change in the boundaries of the District for 2006.
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
District, including an annual festival.
Furnishing of music in any public place in the area.
Promotion of tourism within the area.
Activities that benefit businesses located and operating in the area.
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.
5. 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 A3.
The projected levied assessments for the year 2006 total
$250,000 (budget code 476-8703-465.35-10).
6. A public
hearing shall be held before the City Council on the 15th day of
November 2005 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
submitting 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
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
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 days before
the public hearing.
full text of the council item and all exhibits are available at the
Office of Economic Development, 2180 Milvia Street, 5th
Floor and the Office of the City Clerk, 2180 Milvia Street, 1st
Floor, Berkeley, CA 94704, and online at:
(See Item 8)