The city council enacts this chapter in accordance with, among other powers, Government Code Section 37100.5, which authorizes the legislative body of any city to levy any tax that may be levied by any charter city, subject to the voters' approval pursuant to Article XIII A of the California Constitution.
Because the levy of taxes for city purposes is a municipal affair and the subject of financing the acquisition, construction, and maintenance of public infrastructure does not qualify as a matter of statewide concern, charter cities may levy taxes that are not identical to those provided for in general state statutes, such as the Mello-Roos Community Facilities Act of 1982 (the "Mello-Roos Act").
(Ord. 98-11 § 1)
The city council enacts this chapter to accomplish the following purposes:
A. 
The Mello-Roos Act provides authority to levy taxes to fund maintenance of facilities that includes parks, parkways, and open space. The Mello-Roos Act may not include street landscaping, street lights, and other facilities, the maintenance of which may be provided for from special benefit assessments under the Landscaping and Lighting Act of 1972 (the "1972 act");
B. 
Special benefit assessments levied under the 1972 act are limited to financing maintenance of facilities that are of special benefit (within the meaning of Article XIII D of the California Constitution) to assessed properties. These may not include all the costs of maintaining the facilities required as a result of development;
C. 
The city requires developers of property to form financing districts to fund maintenance of all of the public infrastructure and facilities required as a result of their developments, including those facilities described in both subsections A and B of this section;
D. 
The city council finds that the city needs a single, flexible and broad method of funding maintenance of public infrastructure required for new development so that all the costs of such maintenance are borne by the new development and that Government Code Section 37100.5 provides a means for providing that single method.
(Ord. 98-11 § 1)
Whenever the city council undertakes proceedings pursuant to the Mello-Roos Act, as amended (Sections 53311 and following, of the California Government Code), it may levy special taxes in addition to the special taxes authorized in the Mello-Roos Act to finance the maintenance and servicing of any of the improvements authorized by the 1972 act, as amended (Sections 22500 and following, of the California Streets and Highways Code), and any other governmental facilities that the city is authorized by law to contribute revenue to or to construct, own, or operate.
(Ord. 98-11 § 1)
Whenever the city council undertakes proceedings to establish a community facilities district and proposes to levy a special tax therein for the purpose of funding construction, maintenance, and/or operation of public improvements that have been required as a condition of approval of a land use entitlement, which condition by its terms is binding on the owners of the property within the community facilities district, a majority protest shall exist under Government Code Section 53324 only if sufficient written protests are received from owners of land and the qualified electors of the community facilities district shall be the landowners of the district.
(Ord. 01-6 § 1)
When the city council undertakes proceedings for the purpose of funding services pursuant to Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 and following, of the California Government Code), a qualified elector as referred to in Section 53326(a) shall mean a person or landowner who is a resident or owner of land in the area that will be subject to the proposed tax levy and only such persons shall be counted for purposes of determining whether or not there are twelve persons registered to vote in the territory referred to in Section 53325(b).
(Ord. 06-16 § 3)