Hearings | City
Council Agendas & Summaries
Public Hearings for October 17, 2000 include:
PUBLIC HEARING OF THE APPEAL OF A PLANNING COMMISSION DECISION TO
CONDITIONALLY APPROVE TENTATIVE PARCEL MAP 6924 FOR THE CONVERSION OF
FOUR RENTAL UNITS TO FOUR CONDOMINIUM UNITS AT 1177-83 DELAWARE
PUBLIC HEARING TO CONSIDER LEVYING A RENEWED ASSESSMENT
FOR THE DOWNTOWN BERKELEY BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR
PUBLIC HEARING TO CONSIDER EXTENDING RESIDENTIAL PERMIT
ON EMERSON STREET BETWEEN TREMONT STREET AND SHATTUCK AVENUE, ON ALL
OF KEONCREST DRIVE, AND ON ALL OF CATHERINE DRIVE.
1. CONTINUED PUBLIC HEARING OF THE APPEAL OF A
PLANNING COMMISSION DECISION TO CONDITIONALLY APPROVE TENTATIVE PARCEL
MAP 6924 FOR THE CONVERSION OF FOUR RENTAL UNITS TO FOUR CONDOMINIUM
UNITS AT 1177-83 DELAWARE STREET.
Kenneth Schmier, applicant, and David Darlington, tenant, have appealed the Planning
Commission's decision conditionally approving Tentative Parcel Map 6924
for the conversion of four rental units to four condominium units at
1177-83 Delaware Street. For further information, contact Xandra Grube,
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2. PUBLIC HEARING TO CONSIDER LEVYING A RENEWED ASSESSMENT FOR THE DOWNTOWN BERKELEY BUSINESS IMPROVEMENT DISTRICT FOR CALENDAR YEAR 2001.
RESOLUTION APPROVING THE YEAR 2001 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 2001; AND
DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR THE OCTOBER 17
COUNCIL AGENDA TO CONSIDER LEVYING A RENEWED ASSESSMENT FOR THE YEAR
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
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 2001
as required per the California Streets and Highways Code Section 36533;
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:
The City Council hereby approves the Downtown Berkeley Business
Improvement District Annual Report for the year 2001 (Exhibit 1) as
submitted to the City Clerk by the Downtown Berkeley Business
Improvement District Advisory Board.
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
The boundaries of the District are set forth in Exhibit 1.A. of
the BID year 2001 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:
Public improvements, i.e., the acquisition, construction,
installation, or maintenance of any
tangible property with an estimated useful life of five years or more.
Promotion of public events which benefit businesses in the
District and which take place on or in public places within the
Furnishing of music in any public place in the area.
Promotion of tourism within the area.
Activities which benefit businesses located and operating in the
Mainstreet program efforts including commercial district
revitalization, promotion, urban design, economic restructuring and a
strong representative downtown organization.
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
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. which is attached
hereto and incorporated herein by reference.
A public hearing shall be held before the City Council on the 17th day of
October, 2000 in the Council Chambers, 2134 Martin Luther King, Jr. Way,
Berkeley, California. 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 2180 Milvia 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.
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
seven (7) 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.
To file a protest or obtain copies of any reports or exhibits contact, Sherry Kelly,
City Clerk, (510) 644-6480.
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PUBLIC HEARING TO CONSIDER EXTENDING RESIDENTIAL PERMIT ON EMERSON STREET
BETWEEN TREMONT STREET AND SHATTUCK AVENUE, ON ALL OF KEONCREST DRIVE, AND ON ALL OF CATHERINE DRIVE.
Residential Permit Parking Program allows for residents to petition the
City to "opt-in" or "opt-out" of the Resident Permit
Parking Program. Complying with the requirements, residents of the
blocks now being considered for opting into the Residential Permit Parking
Program have submitted the qualifying signatures on petitions and also
have at least 75% of the curb spaces occupied during the morning and
mid-afternoon observation periods. Adding blocks within the existing
residential study area boundaries through evaluations by an EIR study
certified on September 27, 1988, and in accordance with California
Environment Quality Act (CEQA) guidelines, are categorically exempt as
defined by Section 15.162(c). For further information, call Diana N.
Cardona, Assistant Public Works Engineer, 665-3400.
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