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2180 Milvia Street, Berkeley, CA 94704 
Tel: (510) 981-6900, TDD: (510) 981-6903
Office Hours: Monday - Friday  8 a.m. - 5 p.m., E-mail: clerk@ci.berkeley.ca.us

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Public Hearings     |     City Council Agendas & Summaries


Public Hearings for October 19, 1999 include:

1.    HEARING: APPEAL OF ZONING ADJUSTMENTS BOARD DECISION - 1171-1174 ARCH STREET

2.    HEARING: APPROVING THE CALENDAR YEAR 2000 ANNUAL REPORT OF THE DOWNTOWN BERKELEY BUSINESS IMPROVEMENT DISTRICT; DECLARING COUNCIL'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE DOWNTOWN BERKELEY BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2000; AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR THE OCTOBER 19 COUNCIL MEETING TO CONSIDER LEVYING A RENEWED ASSESSMENT FOR THE CALENDAR YEAR 2000

3.     HEARING: CABLE TELEVISION RATES AND CHARGES FOR THE BASIC SERVICE TIER AND EQUIPMENT AND INSTALLATION

4.     HEARING:  PROPOSED AMENDMENT TO THE BERKELEY ELECTION REFORM ACT

5.     HEARING: COUNCIL CERTIFICATION OF ZONING ADJUSTMENTS BOARD DECISION 1608 FOURTH STREET

6.    HEARING: COUNCIL CERTIFICATION OF
LANDMARKS PRESERVATION COMMISSION DECISION REGARDING DESIGNATING 725 GILMAN AS A STRUCTURE OF MERIT

7.    HEARING: PROPOSAL TO INCREASE THE RATES FOR 96-GALLON REFUSE CARTS AND CLEANING AND PICKUP FOR BINS

 

 


 

 

1.    HEARING: APPEAL OF ZONING ADJUSTMENTS BOARD DECISION - 1171-1174 ARCH STREET

The City Council will hold a public hearing regarding the appeal of the decision of the Zoning Adjustments Board denying a Use Permit with findings to Applicant, Peter Coney, to intensify an existing non-conforming duplex by constructing a three-story, 1,260 square foot addition onto the rear of an existing structure at 1172-1174 Arch Street.


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2.    HEARING: APPROVING THE CALENDAR YEAR 2000 ANNUAL REPORT OF THE DOWNTOWN BERKELEY BUSINESS IMPROVEMENT DISTRICT; DECLARING COUNCIL'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE DOWNTOWN BERKELEY BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2000; AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR THE OCTOBER 19 COUNCIL MEETING TO CONSIDER LEVYING A RENEWED ASSESSMENT FOR THE CALENDAR YEAR 2000

WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code Section 36500 et seq.) authorizes cities to establish parking and business improvement areas for the purpose of imposing assessments on businesses for certain purposes; and

WHEREAS, on October 8, 1996 the Berkeley City Council established such an area known as the Downtown Berkeley Business Improvement District (the "District"); and

WHEREAS, the City Council at that time also established a Downtown Berkeley Business Improvement District Advisory Board (Advisory Board) to act in compliance with State law to oversee the activities of the District; and

WHEREAS, the Advisory Board has submitted an Annual Report to the Berkeley City Council that outlines the activities of the District proposed for 2000 as required per the California Streets and Highways Code Section 36533; and

WHEREAS, the Annual Report is clear and complete and found to comply with the interests of Downtown assesses; and

WHEREAS, the annual process for levying assessments in Business Improvement Districts requires that cities adopt a Resolution of Intent that declares their intent to levy such an assessment and then set a date for a public hearing where interested parties may be heard on the issue.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley as follows:

Section 1. The City Council hereby approves the Downtown Berkeley Business Improvement District Annual Report for the year 2000 (Exhibit 1 - on file in the City Clerk's Office) as submitted to the City Clerk by the Downtown Berkeley Business Improvement District Advisory Board.

Section 2. Pursuant to the provisions of Section 36500 et seq. of the California Streets and Highways Code (the "Act"), the City Council declares its intent to levy an annual assessment for the parking and business improvement area known as the Downtown Berkeley Business Improvement District.

Section 3. The boundaries of the District are set forth in Exhibit 1.A. of the BID year 2000 Annual Report which is attached hereto and incorporated herein by reference.

Section 4. The improvements and activities proposed for the District shall be funded by the levy of assessments on businesses within the District boundaries and may include the following:

a. Public improvements, i.e., the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more.

b. Promotion of public events which benefit businesses in the District and which take place on or in public places within the District.

c. Furnishing of music in any public place in the area.

d. Promotion of tourism within the area.

e. Activities which benefit businesses located and operating in the area.

f. Mainstreet program efforts including commercial district revitalization; promotion, urban design, economic restructuring and a strong representative downtown organization.

g. Representation of Downtown commercial interests working with City staff and elected officials to develop plans for the improvement of the physical character and economic vitality of the area.

Council intends that these funds be used principally for promotion and marketing activities for the Downtown area. Council explicitly intends that funds generated through this BID shall not be used to pay for activities routinely paid for by the City, particularly constructing, cleaning or maintaining public improvements or streetscapes, police-related or any other services targeted to public safety.

Section 5. The City Council intends to levy assessments on businesses located within the boundaries of the District in the amounts and on the business classifications set forth in Exhibit 1.D. (on file in the City Clerk's Office) which is attached hereto and incorporated herein by reference.

Section 6. A public hearing shall be held before the City Council on the 19th day of October, 1999 in the Council Chambers, 2134 Martin Luther King, Jr. Way, Berkeley, California. The Council meeting will begin at 7:00 p.m. Following the hearing the Council will consider adoption of a Resolution levying an assessment as recommended by the Downtown Berkeley Business Improvement Advisory Board. At this hearing the Council will hear all interested persons for or against the levying of such an assessment.

Formal protests against the levying of the District assessment must be made in writing. All written and oral protests should contain the following certification: "I certify that I am the owner of the business listed below, and that the business is located or operates within the boundaries of the Downtown Berkeley Business Improvement District." Protests should also contain the following information: business name (printed), business address (printed), City Business License Tax Registration number, name of protester (printed), signature of protester, date of protest and the reason(s) the protester is against the levying of the District assessment. Protests will not be considered valid unless signed and submitted by the owner of a business located within the boundaries of the proposed District. Written protests shall be filed with the City Clerk, First Floor, City Hall, at 1900 Addison Street, Berkeley, California, 94704, at or before the time fixed for the hearing and shall contain a description of the business sufficient to identify the business, and if the person so protesting is not listed on City records as the owner of the business, the protest shall be accompanied by written evidence that the person subscripting the protest is the owner of the business. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. If written protests are received from the owners of businesses in the District which will pay fifty percent (50%) or more of the assessment proposed to be levied, no further proceedings to levy the assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activities within the District, those types of improvements or activities shall be eliminated. Any person having a question regarding the hearing proceedings may telephone (510) 644-6480. Any person having a question regarding the assessment itself or the operation of the proposed District may telephone (510) 705-8182.

Section 7. The City Clerk is directed to give notice of said public hearing by causing the Resolution of Intention to be published once in a newspaper of general circulation in the City of Berkeley not less than ten (10) days before the public hearing.

Section 8. The City Clerk shall certify to the passage of this Resolution and cause the same to be published in accordance with the Act.


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3.     HEARING: CABLE TELEVISION RATES AND CHARGES FOR THE BASIC SERVICE TIER AND EQUIPMENT AND INSTALLATION

The Berkeley City Council will consider rates and charges proposed by AT&T for the basic service tier, equipment and installation charges as specified in FCC Forms 1240 and 1205 dated March 1, 1999 on file with the City Clerk, and will accept both oral and written testimony regarding the appropriateness, or lack thereof, of said proposed rates and charges under the Rules and Regulations of the Federal Communications Commission.

For further information, please call Rama Murty, Associate Management Analyst, City Manager's Office, (510) 644-6580.


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4.     HEARING:  PROPOSED AMENDMENT TO THE BERKELEY ELECTION REFORM ACT

Please be advised that the City Council will be conducting a public hearing on October 19, 1999 to consider a proposed amendment to the Berkeley Election Reform Act. The substance of the proposed revision is as follows:

  • Berkeley Municipal Code 2.12.065 would be amended to eliminate the requirement that a list of contributions be published by the City in a newspaper of general circulation. Rather, the City would publish the list of contributions in a newspaper or newspapers designed to reach the greatest number of voters in Berkeley. Further, the number of publications of the list would be reduced from twice to once in the seven days before a municipal election.

These amendments were approved by a two-thirds vote of the Fair Campaign Practices Commission on September 9, 1999. For further information, please call Camille Courey, City Attorney's Office, 644-6380.


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5.     HEARING: COUNCIL CERTIFICATION OF ZONING ADJUSTMENTS BOARD DECISION 1608 FOURTH STREET

The City Council will hold a public hearing regarding the decision of the Zoning Adjustments Board action of September 23, 1999, relevant to approval of Use Permit 99-10000052 and its associated Mitigated Negative Declaration for 1608 Fourth Street to: 1) convert more than 25% of the floor area of an existing industrial building to office uses in the former Courtauld's Aerospace paint factory; 2) construct a 15,188 square foot upper floor addition to an existing 113,780 square foot building; and 3) demolish a 22,642 square foot industrial building.


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6.    HEARING: COUNCIL CERTIFICATION OF
LANDMARKS PRESERVATION COMMISSION DECISION REGARDING DESIGNATING 725 GILMAN AS A STRUCTURE OF MERIT

The City Council has certified the decision of the Landmarks Preservation Commission to designate 725 Gilman, Tuttle Manufacturing Company/"Hot Dip Galvinizing", as a Structure of Merit.


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7.    HEARING: PROPOSAL TO INCREASE THE RATES FOR 96-GALLON REFUSE CARTS AND CLEANING AND PICKUP FOR BINS

The City of Berkeley Department of Public Works is proposing to increase the refuse rate for each 96-gallon cart picked up twice a week from $73.88 to $91.80, and to increase the Cleaning and Special Pickup for front and rear loading bins by 7%.

For further information, call Woody Hoffman, Public Works Transfer Station, 644-8891.


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City Clerk Department
2180 Milvia Street, Berkeley, California  94704
Telephone (510) 981-6900; TDD (510) 981-6903; Fax (510) 981-6901
Office Hours: Monday - Friday, 8 a.m. - 5 p.m.
E-mail:
clerk@ci.berkeley.ca.us
Graphic: New Information Note: Some City buildings and services will be closed to the public on holidays and reduced services days. Access the City's Holiday and Reduced Service Days Schedule.