Resolution 11684CITY OF ALAMEDA RESOLUTION NO. 11684
DECLARING INTENTION TO ESTABLISH A BUSINESS
IMPROVEMENT AREA IN THE PARK STREET AND WEBSTER
STREET COMMERCIAL AREAS, TO PROVIDE FOR THE LEVYING
OF CHARGES ON SPECIFIED BUSINESSES CONDUCTED WITHIN
SUCH AREAS, CLASSIFYING VARIOUS BUSINESSES FOR SUCH
PURPOSES, DESCRIBING THE BOUNDARIES OF THE PROPOSED
AREA, THE AUTHORIZED USES TO WHICH THE PROPOSED
REVENUES SHALL BE PUT, THE RATE OF SUCH CHARGES,
FIXING THE DATE, TIME AND PLACE OF A HEARING TO BE
HELD BY THE CITY COUNCIL TO CONSIDER THE
ESTABLISHMENT OF SUCH AN AREA, AND DIRECTING THE
GIVING OF NOTICE OF SUCH HEARING
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ALAMEDA:
SECTION 1. Authority and Intention. The City Council of the
City of Alameda hereby declares its intention of establishing a
business improvement area in the Park Street and Webster Street
areas under the Parking and Business Improvement Area Law of
1979, being Part 6 Division 18 of the Streets and Highways Code
Sec. 36500 through 35681 of said Streets and Highways Code of the
State of California.
SECTION 2. Name. The name of the proposed business improvement
area intended to be formed is to be the "Alameda Business Area of
the City of Alameda", hereinafter referred to as the "Area".
SECTION 3. Authorized Uses. The proposed authorized uses to
which the proposed revenue shall be put are as follows:
(a) The general promotion of business activities in the
Area;
(b) The promotion of public events which are to take place
on or in public places in the Area;
(c) The decoration of any public place in the Area;
(d) The furnishing of music in any public places in the
Area;
(e) Acquire, construct or maintaining parking facilities
for the benefit of the Area.
Revised March 22, 1989
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SECTION 4. Area and Benefit Zone. A description of the Area is
as follows:
(1) All of the Park Street Business Area included by
reference on the map and list of inclusive
addresses included in this Resolution as Exhibit A
and C, respectively.
(2) All of the Webster Street Business Area included by
reference on the map and list of inclusive addresses
included in this Resolution as Exhibit B and C,
respectively.
SECTION 5. Levy of Charge Separate and in Addition to Business
License Fee. It is proposed that a charge, which is separate and
in addition to the Business License Fee as it is or may be
imposed pursuant to Article 9 of Title XIII of the Alameda City
Code, be imposed. Such separate charge is to be imposed at the
rates hereinafter set forth for the specified business
classifications.
SECTION 6. Classification of Businesses and Charges Imposed. It
is proposed that the businesses doing business in the Areas must
have a bonafide street address and be classified as follows so as
to promote the equitable imposition of the additional charge,
hereunder, in relation to the relative benefits to be derived.
The proposed annual charge imposed on each business within the
Area shall be as follows:
BENEFIT AREA "A"
(a) Retailing Goods: $.40 per $1,000 of gross receipts
for the reporting period, with a minimum charge of
$150.00. This rate of levy also applies to
non-profit organizations engaged in a retail goods
business enterprise.
(b) Retailing Services: $.40 per $1,000 of gross receipts
for the reporting period, with a minimum charge of
$75.00.
(c) Non-Retail: Flat fee of $75.00.
(d) Financial Institutions/Utility Companies: Flat Fee
of $500.00 (Banks, Savings & Loan, Credit Unions/
Utilities, such as Pacific Bell, P.G.& E., Cable T.V.,
etc.)
(e) There shall be a maximum charge of $1,000.00 per year.
BENEFIT AREA "B"
(a) Retailing Goods: $.20 per $1,000 of gross receipts
for the reporting period, with a minimum charge of
$75.00.
(b) Retailing Services: $.20 per $1,000 of gross receipts
for the reporting period, with a minimum charge of
$5o.00.
(c) Non-Retail: Flat fee of $50.00.
(d) Financial Institutions/Utility Companies: Flat Fee of
$500.00 (Banks, Savings & Loan, Credit Unions/
Utilities, such as Pacific Bell, P.G.& E., Cable T.V.,
etc.)
(e) There shall be a maximum charge of $500.00 per year.
For the purposes of the Alameda Business Improvement Area of the
City of Alameda, the following commercial activities in Benefit
Areas "A" and "B" are not considered businesses on which a charge
is levied:
(1) Persons conducting, managing or carrying on the
business of renting or letting a building or structure
of any kind to a tenant for the purpose of dwelling,
sleeping or lodging or for any other purpose for a
term other than on a daily or weekly basis.
(2) Individual real estate agents working for and with and
under the direction of a real estate broker.
(3) Individuals engaged in the hair care business who are
classified by the City of Alameda as a "concession in
hair", or an individual barber whose business is
located in a barber shop owned and operated by someone
else. Where there are multiple businesses operated by
the same person, persons or legal entity at the same
address in the same general or related business, there
shall be single charge levied against the business
which results in the greatest amount of gross
receipts.
The determination of the type or class of business or businesses
a charge payer is engaged in or about to engage in shall be an
administrative function of the Revenue Accountant of the City of
Alameda. In cases where a charge payer believes he/she is placed
in the wrong business or class of business or businesses, he/she
may apply in writing to the Revenue Accountant for a change in
his/her classification, setting forth in full his/her reason for
requesting such change. The Revenue Accountant shall conduct an
investigation and shall, thereupon, render his/her decision in
writing as to the proper classification or classifications.
In the charge payer is aggrieved by the Revenue Accountant's
decision, he/she shall have the right of appeal to the Finance
Director. The appeal shall be filed with the Finance Director
within ten (10) days of the date of the Revenue Accountant's
decision and shall be heard by the Finance Director within
thirty (30) days, thereafter. The charge payer shall be given at
least seven (7) days notice of the hearing by the Finance
Director.
On July 1, 1990 and each July 1, thereafter, the amount of
non-retail charges in subparagraph (c), above, the amount of
financial institution charge in subparagraph (d) and the maximum
charges in subparagraph (e), shall be automatically increased by
the amount of increase in the consumer price index, San Francisco
area, all items, most recently available prior to the date of
increase, provided, however, that in no event shall any automatic
increase, hereunder, exceed ten percent (10%), and provided that
the amounts of the charges which result from the application of
the automatic increases, hereunder, shall be rounded to the
nearest whole dollar.
SECTION 7. Voluntary Contribution. Any business, person or
institution may make a voluntary contribution to the City of
Alameda Business Improvement Area and such contribution shall
be used for the purposes provided in this Resolution.
SECTION 8. Modification or Disestablishment of the Area. The
City Council, by ordinance, may modify the provisions of the
ordinance hereby proposed and may disestablish the Area after
adopting a Resolution of Intention to such effect. Such
resolution shall describe the proposed change or changes, or
indicate that it is proposed to disestablish the Area and shall
state the date, time and place of a hearing to be held by the
City Council to consider the proposed action.
If a majority of the businesses in the Area file a petition with
the city Clerk requesting the Council to adopt a Resolution of
Intention to modify or disestablish the Area, the Council shall
adopt such resolution and act upon it as hereinafter provided.
Signatures on such petitions shall be those of duly authorized
representatives of businesses in the Area and the petition shall
be filed with the City Clerk within two (2) weeks of the date on
which the first signature was affixed.
The City Clerk shall cause such resolution to be published at
least once in the official newspaper of the City of Alameda, and
shall also mail a complete copy thereof, postage prepaid, to each
business in the Area, or, if it is proposed to enlarge the
boundaries of the Area, to each business in the Area as it is
proposed to be enlarged, such publication and mailing shall be
completed at least fifteen (15) days prior to the date of the
said hearing.
In the event that the resolution proposes to modify any of the
provisions of the ordinance, including changes in the existing
charges or in the existing boundaries of the Area, such
proceedings shall terminate if protest is made by a majority of
the businesses in the Area, or in the Area as it is proposed to
be enlarged, provided that the City Council may modify the
boundaries or charges as specified in Streets and Highways Code
Section 36528.
In the event that the resolution proposes disestablishment of the
Area, the City Council shall disestablish the Area; unless, at
such hearing, protest against disestablishment is made by a
majority of the businesses in the Area.
At the hearing, the City Council shall hear all protests and
receive evidence for and against the proposed action, shall rule
upon all protests, their determination in this regard being final;
and may continue the hearing from time to time.
SECTION 9. Administration. It is the intention of the City to
provide for the administration of the Area's activities by
seeking to enter into an agreement with a non-profit organization
which, in the opinion of the City Council, has the capability of
representing the interests of the businesses in the Area, whose
general objectives are consistent with the purposes of this
Resolution, and which will provide the resources to effectively
achieve those objectives. However, the City council will reserve
onto itself sole discretion as to how the revenue derived from
the charges, hereunder, is to be used within the scope of the
said authorized purposes.
SECTION 10. Payment of Charge -- Effective Date. The collection
of the charges proposed, hereunder, shall be at the same time and
in the same manner as the Business License Fee under Article 9 of
Title XIII of the Alameda City Code. If the Area is established,
the effective date for commencement of the charges to be imposed
will be July 1, 1989.
SECTION 11. Applicability of Relevant Business License Fee
Provisions. The provisions of Article 9 of Title XIII of the
Code of The City, separate as they are, insofar as they are
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relevant to the provisions hereunder, shall be made applicable to
all businesses subject to the said charges. No business license
shall be issued pursuant to the said Article 9 of title XIII of
the City Code unless the charges pursuant hereto are paid
together with the applicable Business License Fee.
SECTION 12. Date, Time and Place of Hearing, Notice. Notice is
hereby given that the 4th of April, 1989, at a regular meeting of
the City Council to commence at or about 7:30 p.m.,in the Council
Chambers of the City Hall at 2263 Santa Clara Avenue, Alameda,
California, is the date, time and place fixed for the hearing
on this Resolution of Intention for the proposed formation and
establishment of the said "Alameda Business Improvement Area of
the City of Alameda".
Any person interested in, or desiring to protest the formation
and establishment of said Area, and/or the extent thereof, the
boundaries thereof, the proposed amount of the charges, the
classification of businesses, the drawing of benefit zones, or to
any other proposal or matter set forth in this Resolution of
Intention, may appear before the Council at said time and place
and be heard.
SECTION 13. Publication and Mailing of Notice. The City Clerk
shall cause this Resolution of Intention to be published at least
once in the official newspaper of the City of Alameda, the first
publication to be at least ten (10) days prior to the date of
said hearing.
The City Clerk shall also mail a copy of this Resolution, postage
prepaid, to each business in the proposed Area as described
herein, which mailing shall be completed at least ten (10) days
prior to the date of said hearing, all in accordance with Sec.
36522 of the California Streets and Highways Code.
Exhibit A
Business Improvement Area
Park Street Boundaries
R-I
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77-
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7774"'277-77-4:7 .T7-77717TP-°A
R-3-PD 1
A: Benefit Area A
B: Benefit Area B
CIAL
Exhibit B
Business Improvement Area
Webster Street Boundaries
R� rrOFF o4r
44 4 444
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C - I
S ' S
A: Benefit Area A
13*
Benefit Area B
11-"N-
Alameda Ave
Broadway
Buena Vista
Central Ave
Eagle Ave
Everett
Haight St
Lincoln Ave
Oak St
Pacific Ave
Park Ave
Park Street
San Antonio
Santa Clara
Taylor St
Times Way
Webb Ave
Webster St
2300 - 2399 Odd /Even
1400 - 1509 Odd only
616 - 750 Odd /Even
630 - 736 Odd /Even
2300 - 2499 Odd /Even
633 - 707 Odd /Even
1400 - 1519 Odd /Even
1600 - 1699 Odd only
629 - 728 Odd /Even
627 - 726 Odd /Even
2267 - 2499 Odd /Even
1300 - 1599 Even only
626 - 730 Odd /Even
1300 - 1399 Odd only
1400 - 1499 Odd /Even
1123 - 1999 Odd /Even
2312 - 2399 Odd /Even
700 - 740 Odd /Even
2300 - 2599 Odd /Even
634 - 725 Odd /Even
2300 - 2399 Odd /Even
2400 - 2499 Odd /Even
1345 - 1900 Odd /Even
Exhibit C
Business Improvement Area
Inclusive Addresses
Park St
Park St
Webster St
Webster St
Park St
Webster St
Park St
Park St
Webster St
Webster St
Park St
Park St
Webster St
Park St
Park St
Park St
Park St
Webster St
Park St
Webster St
Park St
Park St
Webster St
I, the undersigned, hereby certify that the foregoing
Resolution was duly and regularly adopted and passed by
the Council of the City of Alameda in regular meeting
assembled on the 21st of Marc, 1989,
by the following vote to wit:
AYES: Councilmembers Arnerich, Camicia, Monsef, Thomas
and President Corica - 5.
NOES: None,
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of said City this 22nd day of
March, 1989.
City Cl rk of the City of Alameda