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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


December 10, 2002 Public Hearing
:
 

  1. Downtown Berkeley Business Improvement District Annual Assessment
     

    APPROVING THE YEAR 2003 ANNUAL REPORT OF THE DOWNTOWN BERKELEY BUSINESS IMPROVEMENT DISTRICT; DECLARING COUNCIL'S INTENTION TO LEVY AN ANNUAL ASSESSMENT FOR THE DOWNTOWN BERKELEY BUSINESS IMPROVE-MENT DISTRICT FOR CALENDAR YEAR 2003; AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR DECEMBER 10, 2002, TO CONSIDER LEVYING A RENEWED ASSESSMENT FOR THE YEAR 2003

     

    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 2003 as required by 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 assessees; 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 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 2003 (Exhibit 1) 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 2003 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:

     

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

       

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

       

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

       

    4. Promotion of tourism within the area.

       

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

       

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

        

    7. 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. which is attached hereto and incorporated herein by reference.

     

    Section 6.    A public hearing shall be held before the City Council on the 10th day of December, 2002 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.

     

    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 seven (7) days before the public hearing.

     

    For further technical information, please contact Ted Burton, Economic Development, 981-7536.


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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.