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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


July 20, 2004 Public Hearing:

  1. Intention to Levy Assessments - Thousand Oaks Heights Utility Undergrounding District No. 1

PRELIMINARILY APPROVING THE ENGINEER’S REPORT; ESTABLISHING A PUBLIC HEARING TO BE HELD BEFORE COUNCIL AT ITS JULY 20, 2004 COUNCIL MEETING; AND AUTHORIZING THE CITY CLERK TO MAIL NOTICES AND BALLOTS TO ALL OWNERS OF PARCELS PROPOSED TO BE ASSESSED WITHIN THE ASSESSMENT DISTRICT, AS SHOWN IN THE ENGINEER’S REPORT, A MINIMUM OF 45 DAYS PRIOR TO THE PUBLIC HEARING

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

  1. Resolution of Intention. On March 23, 2004, this Council adopted its Resolution of Intention to Make Improvements, (the “Resolution of Intention”) under the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California, (the “Act”) to initiate proceedings under the Act in and for the City’s Thousand Oaks Heights Applicant Funded Utility Undergrounding District No. 1 (the “Assessment District”).

  2. Engineer’s Report. The Resolution of Intention referred the improvements described therein to the person designated therein as the Engineer of Work and directed the Engineer of Work to prepare and file with the City Clerk a report (the “Engineer’s Report”) pursuant to the Act and containing information set forth in the Resolution of Intention, to which reference is hereby made for further particulars.

  3. Engineer’s Report Preliminarily Approved. The Engineer of Work has prepared and filed the Engineer’s Report with the City Clerk, and this Council with the aid of City staff has reviewed the Engineer’s Report, and hereby finds it to be sufficient for, and that it shall stand for purposes of subsequent proceedings for the Assessment District and the Engineer’s Report is hereby preliminarily approved.

  4. Public Hearing. Pursuant to the Act, this Board hereby orders that a public hearing shall be held before this Board, in the meeting place thereof the City Council Chambers, City of Berkeley, 2134 Martin Luther King Jr. Way, Berkeley California on July 20, 2004 at the hour of seven o’clock p.m. for the purposes of this Council’s determination whether the public interest, convenience and necessity require the improvements, whether the properties in the Assessment District are specially benefited by the improvements, the tabulation of special assessment ballots and the determination of the existence of any majority protest and this Council’s final action upon the Engineer’s Report and the assessments therein.  The public hearing may be continued from time to time as determined by the Council.

  5. Notice. The City Clerk is hereby authorized and directed to cause notice of the hearing ordered under Section 4 hereof to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail.  The envelope or cover of the mailing shall include the name of the City and the return address of the City Clerk as the sender.  The mailed notice shall be given to all owners of property proposed to be assessed within the Assessment District as shown in the Engineer’s Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County of Alameda or the State Board of Equalization assessment roll, as the case may be.  The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire Assessment District, the amount chargeable to the owner’s particular parcel, the anticipated duration of payments for the assessment, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated.

    Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return and tabulation of ballots, including a disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor of the assessment, with ballots weighed according to proportional financial obligation of the affected property) will result in the assessment not being imposed.  The notice herein provided shall be mailed not less than forty-five (45) days before the date of the public hearing ordered under Section 4 hereof.

  6. Ballots. Each such mailed notice to owners shall contain a ballot which includes the property owner’s name, identification of the parcel and support or opposition to the proposed assessment.  Each assessment ballot shall be in a form that conceals its contents once it is sealed by the person submitting such ballot.  To be valid, ballots must be in the form supplied by the City and copies or replicas will not be accepted.  The City shall provide for replacement of defaced or mismarked ballots upon application of the property owner.  Each ballot shall be signed and either mailed or delivered to the address on the ballot or to the City Clerk at the site of the public hearing indicated above.

    Ballots shall remain sealed until the close of the public hearing and the beginning of the tabulation, provided that ballots may be submitted, or changed, or withdrawn by the person submitting the ballot prior to the conclusion of the public hearing.  During and after tabulation, the ballots shall be disclosable public records under Section 6252 of the California Government Code.  The City hereby designates the City Clerk, City of Berkeley, as the impartial person to tabulate the ballots.  The address of the City Clerk for the receipt of the mailed ballots or ballots delivered other than to the site of the public hearing shall be: City Clerk, City of Berkeley, 2180 Milvia Street, Berkeley California 94704.

  7. Boundary Map. The proposed boundaries of the proposed Assessment District are hereby described as shown on a map thereof on file in the office of the City Clerk (the “Boundary Map”), which indicates by a boundary line the extent of the territory to be included in the proposed Assessment District and which Boundary Map shall govern for all details for further purposes of the proceedings for the Assessment District and to which reference is hereby made for further particulars.  The City Clerk is hereby authorized and directed to endorse upon the original and at least one copy of the Boundary Map the date of the filing thereof and date and adoption of this resolution and to cause a copy of the Boundary Map to be filed with the County Recorder of the County within 15 days of the adoption of this resolution, but in no event later than 15 days before the date of the public hearing ordered under Section 4 hereof.  The County Recorder shall endorse upon the Boundary Map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities districts, which the County Recorder shall keep in his or her office.  The County Recorder shall index the Boundary Map by the name of the City and by the distinctive designation of the proposed Assessment District.

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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.