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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 -1- 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 -5- 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 JH 77- , LiillJJJ 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 Q O4 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