APPROVED AS TO FORM AND LEGALITY
Selia Warren
Selia Warren (Nov 20, 2024 12:19 PST)
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
RESOLUTION: 1) CONFIRMING THE ANNUAL REPORT OF THE
MONTCLAIR BUSINESS IMPROVEMENT DISTRICT ADVISORY
BOARD; AND 2) LEVYING THE ANNUAL ASSESSMENT FOR THE
MONTCLAIR BUSINESS IMPROVEMENT DISTRICT FOR FISCAL
YEAR 2025-2026, INCLUDING A FIVE (5) PERCENT INCREASE IN THE
ANNUAL ASSESSMENTS
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 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 27, 2001, 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. 12378 C.M.S.; and
WHEREAS, pursuant to California Streets and Highways Code Section 36533, the Montclair 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) 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 the FY 2025-2026; and
WHEREAS, the FY 2024-2025 Annual Report for the District includes a determination and recommendation by the District Advisory Board for a 5% increase in the annual assessment
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2 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, on November 12, 2024, the City Council adopted a Resolution of Intention to levy the FY 2025-2026 assessment, approve the District’s Report, and schedule a related public hearing for December 3, 2024, pursuant to California Streets and Highways Code section 36534; and
WHEREAS, written notice of the December 3, 2024 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 2025-2026 are approved and levied, they will be collected 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), Montclair BID Program (MBID), and the City will remit the amount collected (minus the City’s costs of collection, including a one percent (1%) City cost recovery administrative fee) to the Montclair Village Association, the District's designated non-profit administrator; the one percent (1%) administrative fee will be booked to General Purpose Fund (1010), Economic Development Organization (85411), Other Revenue: Administrative Fees Account (48726), Project to be determined, Montclair BID Program (MBID); and
WHEREAS, the Montclair Village 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 Montclair Village Association of Oakland (Disbursement Agreement); and
WHEREAS, the funds that are levied and held by the City will be disbursed to the Montclair Village 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 City Council does hereby find and determine 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 3, 2024, to hear all public comments, protests, and take final action as to the levying of the proposed assessments for the District for the FY 2025-2026, and 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 3 collection of the assessments for the FY 2025-2026 as provided for in the Report, in accordance with the assessment formula as provided for in the Plan and Report, which includes a 5% increase in the FY 2025-2026 annual assessment rate as recommended by the District Advisory Board; 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; and be it
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 Montclair Business Improvement District in: Miscellaneous Trusts Fund (7999), Economic Development Organization (85411), Pass Thru Assessments Account (24224), DP850 Administrative Project (1000019), Montclair BID Program (MBID); and be it
4 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