November 14, 2006 the Berkeley City Council passed Resolution No.
APPROVING THE YEAR 2006 ANNUAL REPORT OF THE
SOLANO AVENUE BUSINESS IMPROVEMENT DISTRICT; DECLARING COUNCIL'S
INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE SOLANO AVENUE BUSINESS
IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2007; AND DIRECTING THE CITY
CLERK TO SCHEDULE A PUBLIC HEARING FOR DECEMBER 5, 2006 TO CONSIDER
LEVYING A RENEWED ASSESSMENT FOR THE YEAR 2007.
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 December 9, 2003 the Berkeley City
Council established such an area known as the Solano Avenue Business
Improvement District (the "District"); and
WHEREAS, 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
the Advisory Board has submitted an Annual Report to the Berkeley City
Council that outlines the activities of the District proposed for 2007
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 Solano Avenue 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 Council of the City
of Berkeley as follows:
City Council hereby approves the Solano Avenue Business Improvement
District Annual Report for the year 2006 (Exhibit A) as submitted to
the City Clerk by the Solano Avenue Business Improvement District
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
boundaries of the District are set forth in Exhibit A3 of the BID year
2006 Annual Report which is attached hereto and incorporated herein by
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 District.
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.
Council intends 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 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
$35,000 (budget code 474-8703-465.35-10).
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 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.
Formal 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 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 that 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.
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 7)