Berkeley Municipal Code Ch. 7.84 Elmwood Business Improvement District

In order to distinguish between District businesses and for the purpose of calculating and applying the amounts of assessments owed, the following definitions shall apply:

"Retail Businesses" means all businesses that retail merchandise, Berkeley Business License Tax Code R, Retail, except "Restaurants" that are placed in a separate classification defined below. "Retail Businesses" is understood to include all jewelers even if they are classified in Berkeley Business License Tax Code M as "manufacturing jewelers." It also includes all businesses in Berkeley Business License Tax Code G, grocers.

"Restaurant Businesses" include those that prepare and serve food at the request of customers, North American Industry Classification System industry (NAICS) 722. It is also understood to include any bakery that serves food on premises to retail customers, even if it is classified in Berkeley Business License Tax Code M as a "manufacturing bakery."

"Business, Personal and Repair Service Businesses" include those engaged in providing business, personal, transportation, or repair services, Berkeley Business License Tax Code B, except Hair, Nail and Skin Care Services that are placed in a separate classification defined below.

"Hair, Nail and Skin Care Businesses" (NAICS 81211) include those providing appearance care services to individual customers.

"Professional Businesses" include those providing services that require a high degree deal of training or expertise, Berkeley Business License Tax Code P. Examples include attorneys, architects, accountants, engineers, surveyors, therapists and others in a medical/health service field, consultants, real estate brokers, financial advisors, artists and designers.

"Entertainment and Recreation Businesses" include those engaged in providing any form of entertainment, recreation or amusement, Berkeley Business License Tax Code E.

"Financial Businesses or Institutions" include banks, savings and loans, credit unions and other similar businesses. (Ord. 7317-NS § 3 (part), 2013)

Pursuant to Section 36500 et seq. of the California Streets and Highways Code (the "Act"), a Parking and Business Improvement District is hereby established to be named the "Elmwood Business Improvement District" (the "District"). (Ord. 7317-NS § 3 (part), 2013)

The boundaries of the District are as specified in this section and in the District’s Boundary Map attached to the ordinance codified in this chapter and on file with the office of the City Clerk.

Western Boundary. A line connecting the western edge of all parcels fronting on the western side of College Avenue in the C-E and R-2A zoning districts from 2640 College to 3212 College but including parcels facing Derby Street, Stuart Street, Russell Street and the City-owned Elmwood parking lot that is accessed from Russell Street, and 2933 Benvenue Ave, 2626 Ashby Ave and 2953 Benvenue Ave. The parcels along the western boundary are as follows:

Assessor’s Book 053:

Block 1695: Parcels 4, 6, 7, 11, 9-1, 9-2, 10, 12-1, 12-2,13, 14, 30, 31, and 36.

Assessor’s Book 052:

Block 1409: Parcels 1-1, and 3.

Block 1410: Parcels 2, 12, 14-2, 16-1, 18, 20-1, 22-1, 24, 26, 28, 30, 32, 34, 36, and 41.

Block 1562: Parcels 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 16, 17, 18, 20, 21, 39, 47, and 50,

Block 1568: Parcels 2, 3, 4-1, 5-1, 5-2, 6-2, 7, 9, 11-1, 12-1, 14, 49, 50, 51, 52, 53, 55, and 56.

Block 1573: Parcels 2, 4-1, 6, 12, 13, 14, 15, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, and 103.

Eastern Boundary. A line connecting the eastern edge of all parcels fronting on the eastern side of College Avenue from 2704 Derby Street to 2704 Alcatraz Avenue and 3217 College Avenue and parcels fronting Stuart Street, Webster Street, Prince Street, Woolsey Street and Alcatraz Avenue. The parcels along the eastern boundary are as follows:

Assessor’s Book 055:

Block 1845: Parcels 15-1, 15-2, 16, 17

Assessor’s Book 054:

Block 1707: Parcel 10-1

Block 1708: Parcels 14, 15, 16, and 17.

Block 1709: Parcels 3, 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, 16, 29, and 38.

Assessor’s Book 053:

Block 1696: Parcels 1, 2, 15,16, 17, 18, 19, and 20

Block 1699: Parcels 15, 16, 17, 18, and 19

Assessor’s Book 052:

Block 1563: Parcels 28, 29, 30, 31, 32, 33, 34, 35, 36. 63, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 96, 97, 176-2, 177-1, 188, 191, 203, and 221,

Block 1564: Parcels 31, 32, 33, 34, 35, 36, and 37.

Block 1567: Parcels 16, 17, 18, 19, 20, 21, 22, 23, 24, 62, 63, 64, 66, 67, 68, 87, 88, 89, 90, and 91.

Block 1568: Parcels 14, and 16-2.

Block 1573: Parcel 13.

Southern Boundary. A line connecting the southern edge of parcel 052-1563-188 (3217 College) on the eastern side of College and the southern edge of parcel 052-1409-3 (3212 College) on the western edge of College.

Northern Boundary. The northern edge of parcel 055-1845-15-2 (2640 College) on the western side of College and the northern edge of parcel 054-1708-17 (2704 Derby) on the eastern side of College. (Ord. 7894-NS § 1, 2024; Ord. 7317-NS § 3 (part), 2013)

Businesses, trades, and professions located within the District boundaries shall, commencing on January 1, 2025, pay an annual benefit assessment to the District in the amounts shown in Table 7.84.040.

Table 7.84.040.

Business Classifications and Assessment Rates

Business Classifications and Assessment Rates

Any business that is classified as a nonprofit (Tax Code N) for business licenses purposes, shall nevertheless pay the assessment at the rate that corresponds to its North American Standard Industrial Classification if it is engaged in the sale of products or services. Any new business established within the District shall not be required to pay an assessment on application for its business license but only on renewal at the end of the year it was initiated. (Ord. 7894-NS § 2, 2024; Ord. 7317-NS § 3 (part), 2013)

The funds raised by said benefit assessment shall be used for the statutory purposes set forth in the Act, which may include but are not limited to the following improvements and activities:

A. General promotion of business activities within the District through advertising, creation and maintenance of a website, and other forms of marketing;

B. Provision of public events which benefit businesses within the District, including insurance, security and other services necessary for their successful outcome;

C. Furnishing of music or entertainment in any public place in the District;

D. The acquisition, construction, installation, or maintenance of any tangible property including but not limited to benches, trash receptacles, decorations, and landscaping.

E. Physical improvements to the Elmwood Movie Theater, an iconic feature within the District owned by a non-profit controlled by merchants within the District. (Ord. 7317-NS § 3 (part), 2013)

The benefit assessment authorized by this chapter shall be billed annually by the City with all funds collected to be placed in an account separate from the City’s General Fund to be expended in accordance with this chapter and subsequent resolutions and fund management agreements. The levy of assessments will be accomplished by mailing assessment notices to all businesses as herein defined within the District by first class mail in conjunction with the City’s annual business license renewal notice. Any business exempt from paying City business license fees shall be assessed in January of each year. The City shall collect all assessments and any penalties hereon as required by this chapter. (Ord. 7317-NS § 3 (part), 2013)

Contributions to the District shall be permitted on a voluntary basis. The boundary of the District shall not be modified as a result of the contribution, nor shall said contributing business be considered a member of the District for voting or other purposes. However, said business making a voluntary contribution may be entitled to participate in the programs of the District upon a finding by the Board of Directors that the District derives a benefit from said business’ participation in the program. (Ord. 7317-NS § 3 (part), 2013)

A. Appointment. The City Council shall appoint an Advisory Board pursuant to Section 36530 of the Act in order to make recommendations to the City Council on the expenditure of revenues derived from the levy of assessments, on proposed improvements and activities, on the classification of businesses, and on the method and basis of levying assessments. This Advisory Board shall be made up of nine members. Members of the Advisory Board must own or represent a business in the District.

B. Resident Status. The Advisory Board is intended to represent the interests of businesses within the District and therefore members of the Advisory Board need not be residents of the City.

C. Annual Report. The Advisory Board shall prepare a report for each fiscal year for which assessments are to be levied. The report shall be filed with the City Clerk and shall comply with all the requirements of Section 36533 of the Act. The report shall be approved as filed or modified. (Ord. 7317-NS § 3 (part), 2013)

Funds derived from the District are intended to provide services to the businesses above what is provided to the District through City maintenance or capital improvement programs, including but not limited to sidewalk cleaning and maintenance, street and parking lot cleaning and maintenance, tree trimming and maintenance, police patrol services as well as any other City service normally provided to business districts. The City declares its intent to provide at least the same level and standard of maintenance and repair of public property within the District as are provided to other business districts, and will not curtail or diminish services in the District unless and until revenues are not available and the same or similar cutbacks are made in other business districts of the City. (Ord. 7317-NS § 3 (part), 2013)

City Council may, at the Advisory Board’s recommendation, modify the boundaries or assessments established pursuant to this chapter; the modifications shall be made pursuant to the requirements of the Act, but no assessment shall be modified which would impair the ability of the District to meet the obligation of a contract to be paid from the revenues derived from the levy of assessments. Such changes shall be made by ordinance adopted after a hearing before the City Council. (Ord. 7317-NS § 3 (part), 2013)