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02/26/2026
T-289.011 / 2288433 1
Council Agenda: 03-24-2026
Item No.: 8.1(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 EAST
VILLAGE BUSINESS IMPROVEMENT DISTRICT, FOR
FISCAL YEAR 202 6-2027 AND SETTING A PUBLIC
HEARING FOR MAY 12 , 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 East Village Business Improvement District ("EVBID") 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 May 12, 2026 for the establishment of the EVBID; and
WHEREAS, the Council appointed East Santa Clara Street Revitalization Association Inc., doing business as East Village Business Association, as the Advisory Board for the EVBID, and the Advisory Board has prepared and submitted a proposed Budget Report for fiscal year 2026-2027 ("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 East Village Business Improvement District (“EVBID”), located within the city limits of San José, California, for fiscal year 2026-2027.
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02/26/2026
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Council Agenda: 03-24-2026
Item No.: 8.1(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 2026-2027, the EVBID assessment will fund various programs for cleanliness, safety, beautification, marketing, and activation.
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 fiscal year 2026-2027, the boundaries of the EVBID, and the proposed assessments to be levied upon the businesses within the EVBID.
4. NOTICE IS HEREBY GIVEN that May 12, 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 fiscal year 2026-2027.
5. At the aforesaid public hearing, the testimony of any and all interested persons for or against the levying of assessments for fiscal year 2026-2027 or the furnishing of specified types of improvements or activities in fiscal year 2026- 2027 in the EVBID shall be heard and considered by the City Council. Protests against the levying of assessments for fiscal year 2026-2027, the extent of the area of the EVBID, 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.
6. As provided in Section 36525 of the 89 Law, if written protests against the levying of assessments for fiscal year 2026-2027 are received from the owners of SAW:KMM:KMF
02/26/2026
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Council Agenda: 03-24-2026
Item No.: 8.1(b)(2)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
businesses in the EVBID 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 EVBID, 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 EVBID, 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.
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02/26/2026
T-289.011 / 2288433 4
Council Agenda: 03-24-2026
Item No.: 8.1(b)(2)
DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk