APPROVING THE ANNUAL
ASSESSMENT REPORT FOR THE ELMWOOD THEATER BUSINESS IMPROVEMENT AREA
FOR FISCAL YEAR 2004; DECLARING AN INTENT TO LEVY ASSESSMENTS IN THE
AREA FOR FISCAL YEAR 2005; AND SETTING A PUBLIC HEARING ON THE LEVY OF
ASSESSMENTS FOR JULY 20, 2004
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;
WHEREAS, the City Clerk has received an Annual
Assessment Report from the Advisory Board for the Elmwood Theater
Business Improvement Area for the eleventh year of the assessments,
Fiscal Year 2004; 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 2004 (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 as follows:
The Annual Assessment Report for the Elmwood Theater
Business Improvement Area for fiscal year 2004 is hereby approved.
The City Council declares its intent to levy real
property assessment for fiscal year 2005 upon the same properties and
at the same rates as it did for Fiscal Years 1994 through 2004.
The City 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 through
2004 with the changes or potential changes specified in the
appropriate section of the Annual Assessment Report.
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. of 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.
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.
The City Council will conduct a hearing on this
proposal on Tuesday, July 20, 2004 in the Chambers of the City
Council, 2134 Martin Luther King Jr. Way, Berkeley, California. Council meetings begin at 7:00 p.m. A protest may be made orally or in writing by any interested
person. 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.
further technical information, please contact Tom Myers, Economic Development, (510)
further information regarding the hearing contact Sherry M. Kelly,
City Clerk, (510) 981-6900.