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APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION: 1) CONFIRMING THE ANNUAL REPORT OF THE
ROCKRIDGE BUSINESS IMPROVEMENT DISTRICT ADVISORY
BOARD; AND 2) LEVYING THE ANNUAL ASSESSMENT FOR THE
ROCKRIDGE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL
YEAR 2024-2025
WHEREAS, the State of California allows for the formation of business assessment districts under California Streets and Highways Code Section 36500 et seq.; and
WHEREAS, the business license holders in the Rockridge business district petitioned to form the Rockridge Business Improvement District (District) under said legislation to undertake the Management Plan for the District (Plan) which is on file with the City Clerk; and
WHEREAS, the Plan provides for special benefit services such as enhanced security, beautification, and economic development and marketing activities with the intent of creating a positive atmosphere in the District area (as more specifically identified in the Plan); and
WHEREAS, On November 28, 2000, the City of Oakland, California (City) established the District and approved the Plan by action of the City Council of the City (City Council) adopting Ordinance No. 12301 C.M.S. (as amended by Ordinance No. 13261 C.M.S. on October 21, 2014); and
WHEREAS, pursuant to California Streets and Highways Code Section 36533, the Rockridge Business Improvement District Advisory Board has prepared and filed with the City Clerk, the Annual Assessment Report (Report) (attached hereto as Exhibit A), which contains the required particulars including a detailed description of the improvements and activities to be provided for the fiscal year (FY) 2024-2025, the boundaries of the area and any benefit zones within the area, and the proposed assessments to be levied upon the businesses within the area for the FY 2024-2025; and
WHEREAS, on November 7, 2023, the City Council adopted a Resolution of Intention to levy the FY 2024-2025 assessment, approve the District’s Report, and schedule a related public hearing for December 5, 2023, pursuant to California Streets and Highways Code section 36534; and
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WHEREAS, written notice of the December 5, 2023 public hearing was published once in a newspaper of general circulation in the city not less than seven days before the public hearing in compliance with California Streets and Highways Code section 36534(b); and
WHEREAS, if the District’s proposed assessments for FY 2024-2025 are approved and levied, they will be held (until disbursed) in a special trust fund established by the City and held on behalf of the District in Miscellaneous Trusts Fund (7999), Economic Development Organization (85411), Pass Thru Assessments Account (24224), DP850 Administrative Project (1000019), Rockridge BID Program (RBID); and
WHEREAS, the Rockridge District Association of Oakland is the nonprofit corporation that administers the District and oversees the disbursement of funds, pursuant to the Plan and the Disbursement Agreement between the City and Rockridge District Association of Oakland (Disbursement Agreement); and
WHEREAS, the funds that are levied and held by the City will be disbursed to the Rockridge District Association of Oakland pursuant to the Disbursement Agreement, which remains in effect contingent upon the annual review and approval of the District’s Report and the levy of the annual assessments; now, therefore, be it
RESOLVED: that the foregoing recitals are true and correct; and be it
FURTHER RESOLVED: that the boundaries of the District are as specified in the Plan on file with the City Clerk; and be it
FURTHER RESOLVED: That pursuant to California Streets and Highways Code Section 36535, a Public Hearing was held on December 5, 2023, to hear all public comments, protests, and take final action as to the levying of the proposed assessments for the District for the FY 2024-2025. The City Council finds that there was no majority protest as defined in the Street and Highways Code Section 36500 et seq; and be it
FURTHER RESOLVED: That the Report for the District is approved and confirmed; and be it
FURTHER RESOLVED: That the City Council approves and adopts the assessments as provided for in the Plan and the Report of the Advisory Board and does hereby levy and direct the collection of the assessments for the FY 2024-2025 as provided for in the Report, in accordance with the assessment formula as provided for in the Plan and Report; and be it
FURTHER RESOLVED: That the proposed method and basis of calculating the assessments to be levied against each business in the District are those specified in the Plan and Report on file with the City Clerk. For the FY 2024-2025 assessment, the sub-classification of businesses that earn annual gross receipts of $25,000 or less with a reduced fee of $60 (instead of the $120 fee) is hereby continued. This sub-classification and reduced fee, while in affect since FY 2004-2005, applies to FY 2024-2025 only and will not apply to future assessment years unless renewed in the annual assessment resolution for such future years; and be it
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FURTHER RESOLVED: That the time and manner of collecting assessments shall be at the same time and in the same manner as for the annual business tax billings. The City may, but is not obligated to, use the same process and procedures for the collection of delinquent assessments as it uses to collect delinquent business tax billings or such other processes and procedures as are convenient to complete such collection and may reimburse itself out of the proceeds collected for the costs of such collection. The assessments shall be coordinated with the City’s annual business tax billing cycle, and shall be included along with the annual business tax notifications, or in a supplemental notice following thereafter if, for any reason, they are not ready or cannot be included along with the business tax notices. Supplemental notices shall be permissible for new businesses or for correction or supplementation of prior notices; and be it
FURTHER RESOLVED: That the boundaries of the District shall remain the same as specified in the Plan on file with the City Clerk and there are no changes to the boundaries or benefit zones; and be it
FURTHER RESOLVED: That the types of the improvements and activities proposed to be funded by the levy of assessments on businesses in the area are those described in the Plan and the Report on file with the City Clerk. There are no substantial changes in the improvements or activities for the District; and be it
FURTHER RESOLVED: That until disbursed, BID assessments will be held in a special trust fund established by the City on behalf of the Rockridge Business Improvement District in: Miscellaneous Trusts Fund (7999), Economic Development Organization (85411), Pass Thru Assessments Account (24224), DP850 Administrative Project (1000019), Rockridge BID Program (RBID); and be it
FURTHER RESOLVED: That the Disbursement Agreement is hereby renewed, and the City Administrator is hereby authorized to make amendments if necessary pursuant to State of California Streets and Highways Code Section 36500 et seq.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California