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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


November 18, 2003 Public Hearing:

  1. Intention to Establish the Berkeley Solano Avenue Business Improvement District

    Public Hearing Notice and Exhibits: (PDF, 637 KB)

    *PDF file  opens in a new browser window. To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.

     

    A RESOLUTION DECLARING COUNCIL'S INTENTION TO ESTABLISH THE BERKELEY SOLANO AVENUE BUSINESS IMPROVEMENT DISTRICT LEVY AND DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR NOVEMBER 18, 2003, TO CONSIDER LEVYING AN ASSESSMENT FOR THE YEAR 2004

     

    WHEREAS the California Streets and Highways Code Section 36500 et seq. authorizes cities to establish parking and business improvement areas for the purpose of promoting economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses and prevent erosion of business districts; and

     

    WHEREAS the Solano Avenue Association (“the Association”) has requested the City Council to establish such an improvement district in the commercial area on and around Solano Avenue in Berkeley.

     

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

     

    Section 1.  The City Council does, at the request of the Association, and pursuant to the California Streets and Highways Code, declare its intention to establish the “Berkeley Solano Avenue Business Improvement District” (the “District”).

     

    Section 2.  The boundaries of the entire area to be included in the District, and the boundaries of each separate benefit zone within the District, are set forth in the map and boundary description, Exhibit A, attached hereto and incorporated herein by reference.  A true and correct copy of the map is on file with the City Clerk of the City of Berkeley.

     

    Section 3.  The types of improvements and activities proposed to be funded by the levy of assessments on business in the District are in Exhibit B attached hereto and incorporated herein by reference.

     

    Section 4.  The City Council intends to levy an annual benefit assessment on businesses in the District, except where funds are otherwise available, to pay for selected improvements and activities of the District.

     

    Section 5.  All funds of the District shall be expended on improvements and activities within the District.

     

    Section 6.  The method and the basis for levying the benefit assessment on all the businesses within the District are set forth in Exhibit C attached hereto and incorporated herein by reference.

     

    Section 7.  New businesses shall be exempt from payment of the fee until the next billing period following their establishment occurs.

     

    Section 8.  A public hearing to establish the District shall be held before the City Council on the 18th day of November 2003, in the Council Chambers, 2134 Martin Luther King, Jr. Way, Berkeley, California.  At the public hearing the testimony of all interested persons, for or against the establishment of the District, interested in matters concerning the boundaries of the District, the areas of benefit within the District and the assessments to be levied, will be heard.         

     

    Section 9.  A protest against the District, or any aspect of it may be made orally or in writing.  To be counted as a part of a majority protest against the District, a protest must be in writing and from a business in the District.  A written protest may be withdrawn from record at any time before the conclusion of the public hearing.  Each written protest shall contain a written description of the business in which the person signing the protest is interested, sufficient to identify the business, and its address.  If the person signing the protest is not shown on the official records of the City of Berkeley as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business.  Any written protest as to the regularity or sufficiency of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made.

     

    Section 10.  If at the conclusion of the public hearing there are of record written protests by owners of the businesses within the District that will pay fifty percent (50%) or more of the total assessments of the entire District, no further proceedings to create the District shall occur.  New proceedings to form the District shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the City Council.  If the majority written protest is only against the furnishing of a specified type or types of improvement or activity, then those types of improvements or activities shall be excluded from the District.

     

    Section 11.  Further information regarding the proposed Business Improvement District may be obtained from the City Clerk of the City of Berkeley, at 2180 Milvia Street, First Floor, Berkeley, CA 94704, and from the Office of Economic Development at 2118 Milvia Street, Suite 200, Berkeley, CA 94704, or by telephone from the Office of Economic Development at (510) 981-7536.

     

    Section 12.  The City Clerk is directed to give notice of said public hearing as follows:

     

    1. by causing  this Resolution of Intention to be published once in a newspaper of general circulation in the City of Berkeley, at least seven (7) days before the hearing.

       

    2. by mailing a complete copy of this Resolution of Intention to each and every business owner in the District within seven (7) days of the adoption of this Resolution by the City Council.

     

    Exhibits on file in the office of the City Clerk at 2180 Milvia Street and published to the City’s website at www.ci.berkeley.ca.us.**

     

    **Public Hearing Notice and Exhibits: (PDF, 637 KB)

    *PDF file  opens in a new browser window. To read PDF files, download a free copy of Adobe Acrobat Reader.  If you are unable to access .pdf documents online, please contact us via email (clerk@ci.berkeley.ca.us), telephone (510) 981-6900, or TDD (510) 981-6903 so that we can provide an alternate format.


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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.