APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION
1) DECLARING AN INTENTION TO FORM THE LAUREL BUSINESS
IMPROVEMENT DISTRICT 2025 (LAUREL BID 2025);
2) GRANTING PRELIMINARY APPROVAL OF THE LAUREL BID 2025 MANAGEMENT PLAN;
3) DIRECTING FILING OF THE PROPOSED LAUREL BID 2025
ASSESSMENT DISTRICT BOUND ARY DESCRIPTION WITH THE
CITY CLERK;
4) DIRECTING DISTRIBUTION OF A BALLOT TO ALL AFFECTED
PROPERTY OWNERS IN THE PR OPOSED LAUREL BID 2025 TO
DETERMINE WHETHER A MAJORITY PROTEST EXISTS;
5) SCHEDULING A PUBLIC HEARING FOR JULY 1, 2025
WHEREAS, the City Council of th e City of Oakland (City) enacted the Business Improvement Management District Ordinance (BIMD Ordinance) pursuant to Ordinance No. 12190 C.M.S. (1999), as codified in Chapter 4.48 of the Oakland Municipal Code (O.M.C.), establishing the procedures for the formation of business improvement management districts; and
WHEREAS, the City Council approved a Neigh borhood Business Improvement District Program pursuant to Council Resolution No. 7532 3 C.M.S., dated November 9, 1999, to provide technical and financial assistance to stakeholder groups of busine ss and property owners in the City to assist in the formation of such districts; and
WHEREAS, the Laurel Business Improvement District (Laurel BID) was established in 2005, renewed in 2015, expires in 2025 and has provi ded enhanced services to the Laurel commercial district; and
WHEREAS, business and property owners in the Laurel area have submitted a petition under the BIMD Ordinance (O.M.C, section 4. 48.050.A) to re-form the Laurel BID and seek qualification as an Improvement District under Oakland’s BIMD Ordinance; and
WHEREAS, the preliminary report, a staff report of the City Administrator containing all information required by the BIMD Ordinance has been prepared and was filed with the Office of the City Clerk; and
2 WHEREAS, a management plan for the operation of the Proposed District (District Plan), which is attached hereto and incorporated herein as Exhibit A, has been prepared in accordance with the provisions of Article XIII of the Cali fornia Constitution and th e BIMD Ordinance, and has been placed on file with th e Office of the City Clerk for proceedings in formation of the Proposed District; and
WHEREAS, the Proposed District is specificall y described in the Boundary Map found on Page 10 of the District Plan; and
WHEREAS, the Proposed District does not incl ude City-owned property on which assessments are to be levied; and
WHEREAS, the District Plan contains a detailed engineer’s report prepared by a registered professional engineer recognized by the State of California (see Attachment 1, Engineer’s Report of the District Plan in Exhibit A); and
WHEREAS, the District Plan provides for enha nced cleaning, marketing, security and promotional activities and improvements of particular benefit to the properties located within the Proposed District; and
WHEREAS, the proposed assessment to be levied against each property in the Proposed District is based on building square footage, lot square footage, and linear street frontage of each parcel located within the Proposed District, an d the amount of the assessment proposed for each property is contained in the Assessment Roll (see Appendix 1 “YR 1 Assessment Roll” at p. 22 of the District Plan in Exhibit A); and
WHEREAS, the total amount in assessm ents that will be co llected for the Proposed District in the first year is Two Hundred Fifty-Six Thou sand One Hundred Fifty dollars ($256,150); and
WHEREAS, the District Plan provides that any increase in the amount of the assessment upon affected properties shall not exceed eight percent (8%) per year starting July 1, 2026, for the duration of the Proposed District; and
WHEREAS, the Proposed District’s assessment shall be effective for a period of twenty (20) years beginning July 1, 2025 through June 30, 2045 as provided fo r in the District Plan and related special benefit services will begin January 1, 2026 and end December 31, 2045; and
WHEREAS, the assessment shall be attached to the property and collected with the annual county property taxes, and in certain cases through a special municipal billing, and shall continue annually as provided for in the District Plan for each year that the Proposed District is in existence unless modified by the City C ouncil on the recommendation of the Advisory Board for the Proposed District; and
WHEREAS, the Proposed District will terminate in 20 years at the end of 2045, as required by the BIMD Ordinance (O.M.C. section 4.48.080); now, therefore, be it
RESOLVED: That the City Council declares its intention to form The Laurel Business Improvement District pursuant to Chapter 4.48 of the O.M.C.; and be it 3 FURTHER RESOLVED: That the name of the Proposed District will be Laurel Business Improvement District 2025 (Laurel BID 2025); and be it
FURTHER RESOLVED: That the proposed assessments to be levied against each property in the Proposed District is based on building square footag e, parcel square footage, and linear street frontage of each parcel located within the Proposed District; and be it
FURTHER RESOLVED: That the total amount in assessments that will be collected for the Proposed District in the first year is Tw o Hundred Fifty-Six Thousand One Hundred Fifty dollars ($256,150) and that the amount chargeable to each parcel shall be the amount shown in the Engineer’s Report attached as Attach ment 1 to the District Plan in Exhibit A if the Proposed District is established; and be it
FURTHER RESOLVED : That any increase in the amount of the assessment upon affected properties shall not exceed eight pe rcent (8%) per year starting July 1, 2026 for the duration of the Proposed District; and be it
FURTHER RESOLVED: That the boundaries of the Proposed District shall be those set forth in the Boundary Map found on Page 10 of the District Plan; and be it
FURTHER RESOLVED: That a public hearing on forma tion of the Proposed District will be held on July 1, 2025, at 3:30 p.m. in the City Council Chambers in City Hall, located at 1 Frank H. Ogawa Plaza, Oakland, California; and be it
FURTHER RESOLVED: That, at any time prior to th e date of the public hearing, any person affected by the proposed assessment, may s ubmit a written protest describing his or her objections to formation of the Proposed District , the boundaries of the Proposed District, the proposed assessment, or the type s of improvements and activities proposed to be funded by the assessments, or describing any other alleged irregularity or insufficiency in these proceedings; and be it
FURTHER RESOLVED: That any written protest shall be filed with the Office of the City Clerk and shall, in addition to describing all objections to and alleged defects in formation of the Proposed District, contain the following information:
1. A description of the property, by address or Assessor Parcel Number (APN), that will be affected by the proposed assessment,
2. The amount of the proposed assessment upon said property,
3. The full name of the owner of the property that will be subject to the assessment, and
4. The full name of the person submitting the wr itten protest if different from the owner of the property, and his or her relationship to the owner of the property; and be it FURTHER RESOLVED: That written protests that do not comply with the requirements stated above will not be considered; and be it
FURTHER RESOLVED: That at the public hearing all written protests and the testimony of all interested persons for or against the establis hment of the Proposed District, the proposed 4 assessment, the boundaries of the Pr oposed District, or the furnishi ng of the specified types of improvements or activities will be heard; and be it
FURTHER RESOLVED: That at the conclusion of the public hearing all ballots cast in favor of and against the Proposed District shall be tabulated, and the results of the tabulation shall be reported to the City Council; and be it
FURTHER RESOLVED: That if a majority protest exists the proposed assessment will not be imposed; and be it
FURTHER RESOLVED: That, pursuant O.M.C. section 4.48.070(G), a majority protest exists if, upon the conclusion of the Public Hearing, ballot s submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted in proportion to the assessment upon the affected property; and be it
FURTHER RESOLVED : That if a majority protest does not exist, a resolution establishing the Laurel Business Improvement District 2025 and le vying the assessment will be adopted by the City Council, at the conclusion of the public hearing; and be it
FURTHER RESOLVED: That the City Clerk is directed to mail by first-class mail a copy of this Resolution of Intention to form the Proposed District along with the ballot attached hereto as Exhibit B to each property owner in the Proposed District, and to each local chamber of commerce and business organization known to be loca ted within the Proposed District not less than forty-five (45) days before the scheduled public hearing; and be it
FURTHER RESOLVED: That the City Clerk is directed to publis h this Resolution of Intention to Form the Laurel Business Improv ement District 2025 in a newspaper of general circulation in the City at least (7) seven days before the public hearing; and be it
5 FURTHER RESOLVED: That following adoption of this Resolution of Intention, the City Clerk shall record a notice and map describing the assessment district pursuant to California Streets and Highways Code Division 4.5 (commencing with Section 3100).
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES -
BROWN, FIFE, HOUSTON, KAPLAN, RAMACHANDRAN, UNGER, AND
PRESIDENT PRO TEMPORE GALLO
NOES –
ABSENT – COUNCIL PRESIDENT JENKINS (serving as Mayor pursuant to Charter Section 303) ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3413189v1 / SW
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