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City Council
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


July 16, 2002 Public Hearing:

  1. Elmwood Theater Business Improvement Area:

APPROVING THE ANNUAL ASSESSMENT REPORT FOR THE ELMWOOD THEATER BUSINESS IMPROVEMENT AREA FOR FISCAL YEAR 2002; DECLARING AN INTENT TO LEVY ASSESSMENTS IN THE AREA FOR FISCAL YEAR 2003; AND SETTING A PUBLIC HEARING ON THE LEVY OF ASSESSMENTS FOR JULY 16, 2002

  

WHEREAS, on July 20, 1993, the City Council adopted Resolution No. 57,086-N.S., Resolution Overruling Protests, Establishing Elmwood Theater Business Improvement Area, and Levying Assessments for Fiscal Year 1994; and

 

WHEREAS, on the same date the City Council adopted Resolution No. 57,086A-N.S., authorizing execution of a loan agreement with the Elmwood Theater Foundation, to be repaid through a levy of special assessments in the Elmwood Theater Business Improvement Area; and

 

WHEREAS, the City Clerk has received an Annual Assessment Report from the Advisory Board for the Elmwood Theater Business Improvement Area for the ninth year of the assessments, Fiscal Year 2002; and

 

WHEREAS, said Annual Assessment Report on file with the City Clerk discusses the successful operation of the Elmwood Theater as a motion picture theater and community meeting hall during Fiscal Year 2002 (the “activity” financed in the Area); and

 

WHEREAS, the Annual Assessment Report and materials attached to it on file with the City Clerk contain a detailed description of the boundaries of the Elmwood Theater Business Improvement Area as well as the Core Benefit Zone and the Broad Benefit Zone established within it (including a map entitled “Boundaries of Elmwood Theater Business Improvement Area”); and

 

WHEREAS, said Annual Assessment Report and exhibits on file with the City Clerk also contain information on the method and basis for levying the assessment.

 

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Annual Assessment Report for the Elmwood Theater Business Improvement Area for Fiscal Year 2002 is hereby approved.

 

BE IT FURTHER RESOLVED, that the City Council declares its intent to levy real property assessment for Fiscal Year 2003 upon the same properties and at the same rates as it did for Fiscal Years 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002.  The Council declares its further intent to levy business license assessments on businesses in the Core Area according to the same method of calculation as it did for Fiscal Years 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 2002 with the following changes or potential changes in businesses assessed: substitution of Filippo’s Pasta for Voulez-Vous Restaurant at 2920 College Avenue in the category of Eating and Drinking Places and addition of any new business that is open after 6 pm more than two nights per week.

 

BE IT FURTHER RESOLVED, that the activity financed in the Area is the purchase of the Elmwood Theater and its preservation as an operating motion picture theater and community meeting hall through a loan by the City of Berkeley to the Elmwood Theater Foundation, a nonprofit corporation, in the amount of $215,000 as authorized by Resolution No. 57,086-N.S., adopted July 20, 1993.  The amount of this loan, together with interest at the rate of six percent (6%) per annum on the unpaid balance thereof, is being recovered over a term of twenty (20) years through the annual levy of special assessments on business licenses of businesses operated within the Area and on real property within the Area classified as Commercial (3x Series) or Improved Commercial (8x or 9x Series) under the two-digit use code system of the Alameda County Assessor’s Office.

 

BE IT FURTHER RESOLVED, that the Elmwood Theater Business Improvement Area is located in Berkeley, California, within 1,600 feet of the Elmwood Theater at 2966 College Avenue, excepting property with addresses on Telegraph Avenue and Claremont Avenue.  The Annual Assessment Report and materials attached to it on file with the City Clerk contain a detailed description of the boundaries of the Elmwood Theater Business Improvement Area as well as the Core Benefit Zone and the Broad Benefit Zone established within it (including a map entitled “Boundaries of the Elmwood Theater Business Improvement Area”), and information on the method and basis for levying the assessments within these Zones.

 

BE IT FURTHER RESOLVED, that the City Council will conduct a hearing on this proposal on Tuesday, July 16, 2002 in the Chambers of the City Council, 2134 Martin Luther King Jr. Way, Berkeley, California.  Any interested person may make a protest orally or in writing.  Written protests shall be filed with the City Clerk at or before the time fixed for the public hearing.  Each written protest shall contain a description of the business or property in which the person subscribing the protest is interested sufficient to identify the business or property.


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City of Berkeley Logo

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.