November 14, 2006 the Berkeley City Council passed Resolution No.
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
City Council hereby approves the Downtown Berkeley Business
Improvement District Annual Report for the year 2007 (Exhibit A) as
submitted to the City Clerk by the Downtown Berkeley Business
Improvement District Advisory Board.
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
is no change in the boundaries of the District for 2007.
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.
c. Furnishing of music in any public place in
d. Promotion of tourism within the area.
e. 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.
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, which is attached hereto and
incorporated herein by reference.
The projected levied assessments for the year 2007 total
$250,000 (budget code 476-8703-465.35-10).
6. A public hearing shall be held before the City
Council on the 5th day of December 2006 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
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.
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 6)