SAW:KMM:KMF
11/21/2025
T-289.009 / 2264109 1
Council Agenda: 12-16-2025
Item No.: 8.2(b)(2)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
JOSE DECLARING ITS INTENT TO LEVY ASSESSMENTS,
SUBJECT TO THE ESTABLISHMENT OF THE ALUM
ROCK SANTA CLARA STREET BUSINESS
IMPROVEMENT DISTRICT, FOR FISCAL YEAR 2025-2026
AND SETTING A PUBLIC HEARING FOR FEBRUARY 3,
2026 PURSUANT TO THE PARKING AND BUSINESS
IMPROVEMENT AREA LAW OF 1989
WHEREAS, on this same date, the Council of the City of San José declared its intent to establish the Alum Rock Santa Clara Street Business Improvement District ("ARSCSBID") pursuant to the California Parking and Business Improvement Area Law of 1989, Streets and Highways Code Section 36500 et seq. (“89 Law”) and set a public hearing on February 3, 2026 for the establishment of the ARSCSBID; and
WHEREAS, the Council appointed Alum Rock Santa Clara Street Business Association, Inc. as the Advisory Board for the ARSCSBID, and the Advisory Board has prepared and submitted a proposed Budget Report for the remainder of fiscal year 2025-2026 (ending June 30) ("Report"); and
WHEREAS, pursuant to the 89 Law, a public hearing must be held on the proposed levy of assessments for each fiscal year;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE:
1. The City Council hereby declares its intention to levy and collect assessments within the Alum Rock Santa Clara Street Business Improvement District (“ARSCSBID”), located within the city limits of San José, California, for the remainder of fiscal year (ending June 30) 2025-2026.
SAW:KMM:KMF
11/21/2025
T-289.009 / 2264109 2
Council Agenda: 12-16-2025
Item No.: 8.2(b)(2)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
2. Subject to approval of the levying of assessments for Fiscal Year 2025-2026, the ARSCSBID assessment will fund various programs for district promotion, events and activations, placemaking, and business support.
3. All interested parties should refer to the Report on file with the City Clerk of the City of San José, 200 East Santa Clara Street, 14th Floor, San José, California, which contains a detailed description of the activities to be provided for the remainder of fiscal year 2025-2026, the boundaries of the ARSCSBID, and the proposed assessments to be levied upon the businesses within the ARSCSBID.
4. NOTICE IS HEREBY GIVEN that February 3, 2026, at the hour of 1:30 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers of the City of San José, 200 East Santa Clara Street, San José, California, is fixed as the time and place for a public hearing on the levy of the proposed assessments for the remainder of fiscal year 2025-2026.
5. At the aforesaid public hearing, the testimony of any and all interested persons for or against the levying of assessments for the remainder of fiscal year 2025- 2026 or the furnishing of specified types of improvements or activities in the remainder of fiscal year 2025-2026 in the ARSCSBID shall be heard and considered by the City Council. Protests against the levying of assessments for the remainder of fiscal year 2025-2026, the extent of the area of the ARSCSBID, or the furnishing of specified types of improvements or activities may be made orally or in writing by any interested person. Each written protest must be filed with the City Clerk, 200 East Santa Clara Street, San José, California, at or before the time fixed for the public hearing. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing.
SAW:KMM:KMF
11/21/2025
T-289.009 / 2264109 3
Council Agenda: 12-16-2025
Item No.: 8.2(b)(2)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
6. As provided in Section 36525 of the 89 Law, if written protests against the levying of assessments for the remainder of fiscal year 2025-2026 are received from the owners of businesses in the ARSCSBID which would pay fifty percent (50%) or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protest to less than fifty percent (50%), then no further proceedings to levy the proposed assessment may be taken by the City Council for a period of one year from the date of the finding of a majority protest by City Council. If the majority protest is against the furnishing of a specified type or types of improvement or activity within the ARSCSBID, then those types of improvements or activities shall be eliminated. In order to be counted in determining a majority protest, a written protest must contain a description of the business of the person submitting the protest sufficient to identify the business as a business within the proposed ARSCSBID, and, if a person protesting is not shown on the official records as the owner of the business, the protest shall contain or be accompanied by written evidence that the person protesting is the owner of the business.
7. The City Clerk is hereby directed to give notice of the above-mentioned public hearing pursuant to Section 36534 of the Parking and Business Improvement Area Law of 1989, by publication.
//
//
//
//
//
//
//
SAW:KMM:KMF
11/21/2025
T-289.009 / 2264109 4
Council Agenda: 12-16-2025
Item No.: 8.2(b)(2)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk