APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION: 1) APPROVING THE ANNUAL REPORT OF THE
MONTCLAIR BUSINESS IMPROVEMENT DISTRICT ADVISORY
BOARD; 2) DECLARING THE INTENTION TO LEVY AND COLLECT
AN ANNUAL ASSESSMENT FOR FISCAL YEAR 2025-2026 FOR THE
MONTCLAIR BUSINESS IMPROVEMENT DISTRICT, INCLUDING A
FIVE (5) PERCENT INCREASE IN THE ANNUAL ASSESSMENT; AND 3) SCHEDULING A PUBLIC HEARING FOR DECEMBER 3, 2024
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 Montclair business district petitioned to form the Montclair 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 new 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, the District was established by the City Council on November 27, 2001, pursuant to Ordinance No. 12378 C.M.S.; and
WHEREAS, California Streets and Highways Code Sections 36533 and 36534 require that before the next annual assessment for the District is levied, the City Council must: (1) approve the District’s annual report, and (2) approve a Resolution of Intention that declares the City’s intention to collect the assessments and schedules a public hearing to be held about the levy of the proposed assessment; and
WHEREAS, pursuant to said law, the Montclair Business Improvement District Advisory Board (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 fiscal year (FY) 2025-2026, 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 FY 2025-2026; and
Selia Warren (Oct 10, 2024 14:52 PDT)
Selia Warren
2 WHEREAS, the FY 2024-2025 Annual Report for the District includes a determination and recommendation by the Advisory Board for a 5% increase in the annual assessment rates beginning in FY 2025-2026 for the District, which is within the allowable maximum annual assessment increase set forth in the approved Plan; and
WHEREAS, if the District’s proposed assessments for FY 2025-2026 are approved and levied, they will be held (until disbursed) in a special trust fund established by the Finance Department on behalf of the District in Miscellaneous Trusts Fund (7999), Economic Development Organization (85411), Pass Thru Assessments Account (24224), DP850 Administrative Project (1000019), Montclair BID Program (MBID); now, therefore, be it
RESOLVED: That the Council of the City of Oakland does hereby find that the above recitals are true and correct; and be it
FURTHER RESOLVED: That the Council of the City of Oakland does hereby approve the FY 2024-2025 Annual Report for the District; and be it
FURTHER RESOLVED: That the City Council does find and state its intention as follows:
1. Pursuant to California Streets and Highways Code Section 36534, the City Council declares its intention to levy and collect the assessments for FY 202 5-2026 as provided for in the Report and pursuant to the assessment formula as provided for in the Plan, which includes a 5% increase in the FY 202 5-2026 annual assessment rate as recommended by the Advisory Board, if the requested assessments are approved by the City Council after the Public Hearing scheduled by this Resolution of Intention.
2. The location and 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.
3. The types of the improvements and activities proposed to be funded by the levy of FY 2025- 2026 assessments on businesses in the area are those described in the Plan and the Report on file with the City Clerk. No substantial changes in the improvements or activities for the District are proposed to be made.
4. The proposed method and basis of calcula ting 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; and be it
FURTHER RESOLVED: That a Public Hearing is hereby set for December 3, 2024, or as soon thereafter as the matter may be heard, to hear all public comments, protests, and to take final action as to the levying of the proposed assessments for the District for FY 2025-2026.
Details regarding time, location and how to participate in the Public Hearing can be found at www.oakland.legistar.com, or by emailing the Oakland City Clerk’s Office at [email protected] or by calling 510-238-3226; and be it
FURTHER RESOLVED: That pursuant to California Streets and Highways Code section 36534(b), the City Clerk is directed to give notice of the Public Hearing by causing the 3 Resolution of Intention to be published once in a newspaper of general circulation in the City of Oakland not less than seven days before the Public Hearing; and be it
FURTHER RESOLVED: That at the Public Hearing the testimony of all interested persons for or against the proposed assessments will be heard, and written and oral protests may be made in the form and manner provided by Sections 36524 and 36525 of the California Streets and Highways Code as follows:
1. A protest may be made orally or in writing by any interested person. 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.
2. Every written protest shall be filed with the Clerk at or before the time fixed for the public hearing. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing.
3. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business.
4. A written protest which does not comply with the requirements stated above shall not be counted in determining a majority protest.
5. If written protests are received from the owners of businesses in the District who will pay 50 percent or more of the assessments proposed to be levied, and protests are not withdrawn so as to reduce the protests to less than that 50 percent, the proposed assessment shall not be levied.
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