the Property and Business Improvement District Law of 1994, California
Streets and Highways Code Section 36600, (the “Act”) authorizes cities
to fund property-related improvements, maintenance and activities through
the levy of assessments upon the real property that benefits from those
the Berkeley City Council enacted Ordinance No. 6616-N.S., which
established alternative procedures for the establishment of property
business improvement districts pursuant to the Property and Business
Improvement District Law of 1994; and
property owners in the North Shattuck Avenue
Commercial District have presented petitions asking the City of Berkeley
to initiate special assessment proceedings to establish a Property and
Business Improvement District in accordance with the Act for the purpose
of undertaking and implementing the Management and Service Plan.
THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley as
Pursuant to the provisions of Section 36600 of the California
Streets and Highways Code and Ordinance No. 6616-N.S., the City Council
declares its intent to consider the establishment of a property and
business improvement district to be named the North Shattuck Business
Improvement District (the “District”).
The proposed boundaries of the District are as set forth in Exhibit
A brief description of the proposed activities and improvements and
the amount of the proposed assessment of the District is shown on Exhibit
A hereof. A full description
of proposed activities and improvements, the amount of the proposed
assessment and the assessment basis is contained in the Management
District Plan, which is available upon request in the City’s Office of
Council intends to levy assessments on property within the
boundaries of the District according to the method and basis described in
Exhibit A. Pursuant to
Ordinance No. 6616-N.S., properties will be assessed for a term of ten
A public hearing shall be held before the City Council on the 10th
day of July 2001, in the Council Chambers, 2134 Martin Luther King Jr.
Way, Berkeley, California. Following
the hearing, the Council will consider adoption of a resolution
establishing the District. At
this hearing the Council will hear all interested persons for or against
the establishment of the District, the extent of the District, and the
furnishing of specified types of improvements and activities.
A protest may be made orally or in writing by any interested
protests against the formation of the District must be made in writing on
the assessment ballot provided by the City, which shall contain a
description of the property in which the person subscribing the protest is
interested, sufficient to identify the property. Protests will not be considered valid unless signed and
submitted by an owner of a parcel within the boundaries of the proposed
District. Written protests
shall be filed with the City Clerk, First Floor, Civic Center Building, at
2180 Milvia Street, Berkeley, California, 94704, at or before the time
fixed for the hearing and shall contain a description of the property in
which the person subscribing the protest is interested, sufficient to
identify the property. Any protest pertaining to the regularity or
sufficiency of the proceedings shall be in writing and shall clearly set
forth the irregularity or defect to which the objection is made.
written protests are received from the owners of properties in the
proposed District who will pay fifty percent (50%) or more of the
assessment proposed to be levied, no further proceedings to establish the
district shall be taken for a period of one year from the date of the
finding of a majority protest by the City Council.
If the majority protest is only against the furnishing of a
specified type or types of improvements or activities within the District,
those types of improvements or activities may be removed from the
foregoing Resolution was adopted by the Berkeley City Council on May 15,
2001 by the following vote:
Councilmembers Armstrong, Breland, Hawley, Maio, Olds, Shirek,
Spring, Worthington and Mayor Dean
NORTH SHATTUCK BUSINESS IMPROVEMENT DISTRICT
Proposed Activities and Improvements
The following activities and improvements are proposed to be implemented by the North Shattuck Improvement District.
a. Maintenance and Beautification: services include daily sidewalk and
gutter sweeping, steam cleaning of sidewalks on a rotational schedule,
graffiti paint out, tree and shrub planting, watering and maintenance,
emptying of trash cans and litter removal. All of these services are in
addition to the baseline services provided by the City in this area.
b. Marketing and Promotion: activities will include sponsorship of
special events, installation of banners approved by the City and
advertising of the North Shattuck Commercial District.
c. Administration: Administration of the activities of the BID
management corporation. Supervision of all maintenance and
improvement work. Advocacy for the needs of the District.
Response to specific problems in the District that detract from its
2. Proposed Assessment
All properties within the District shall be assessed in accordance with the following formula:
The assessments on building size are reduced for non-retail uses, with office spaces paying 80% of the above rate and residential spaces paying 60%. The assessment rates may be increased or decreased annually upon recommendation of the BID Advisory Board and action by the City Council. The first year’s assessment is estimated to be $160,000. Assuming no change in the assessment rates or in the properties in the District, the District would generate revenues of $1,600,000 over its ten year term.
3. Boundaries of the Proposed District
The exterior boundaries of the district are shown in the attached map. The District includes all commercial properties on Shattuck Avenue from Delaware Street to Rose Street. Commercial properties adjacent to the Shattuck Avenue frontage on Vine Street, Virginia Street and Walnut Street are also included. The following streets and addresses are included in the District