This chapter may be referred to as the "City of Stockton Community
Improvement District Ordinance."
(Prior code § 9-1000; Ord. 008-08 C.S. § 1)
A.
The
procedures established in this chapter shall be additional or alternative
to any other procedure established by ordinance or State law and are
intended to supplement those procedures.
B.
In forming
assessment districts to fund activities and improvements that confer
a special benefit on property, the City Council may elect to use the
procedures set forth in the Property and Business Improvement District
Law of 1994 (Streets and Highways Code Sections 36600 et seq. (the
"PBID Law")) as modified by this chapter. The City Council shall be
bound by, and comply with, applicable State law governing the establishment
and operation of property and business improvement districts in all
respects not inconsistent with this chapter. In the event of inconsistent
provisions of this chapter and those of the PBID Law, the provisions
in this chapter shall prevail.
C.
An assessment
district established pursuant to this chapter shall be denominated
a "community improvement district" or "district" and the assessment
levied in connection with such a district shall be denominated a "community
improvement assessment" or "assessment."
D.
Except
where otherwise provided in this chapter, "community improvement district"
shall have the meaning given to "property and business improvement
district" by Section 36614.5 of the PBID Law and each reference in
the PBID Law to a "property and business improvement district" or
a "district" shall be deemed also a reference to a "community improvement
district."
E.
Except
where otherwise provided in this chapter, "community improvement assessment"
shall have the meaning given to "assessment" by Section 36606.5 of
the PBID Law and each reference in the PBID Law to an "assessment"
shall be deemed also a reference to a "community improvement assessment."
(Prior code § 9-1001; Ord. 008-08 C.S. § 1; Ord. 2022-03-22-1211 C.S. § 1)
The City Council may establish community improvement districts
and levy assessments in connection with such districts pursuant to
this chapter.
(Prior code § 9-1002; Ord. 008-08 C.S. § 1; Ord. 2022-03-22-1211 C.S. § 2)
Notwithstanding Section 36606 of the PBID Law or any other provision
of State law, the City Council may form a community improvement district
authorized to conduct any or all of the following activities in addition
to those stated in Section 36606:
A.
Maintenance
and irrigation of landscaping;
B.
Providing
managerial services for businesses engaged in the business of providing
multifamily housing;
C.
Providing
building inspection and code enforcement services for businesses engaged
in the business of providing multifamily housing supplemental to those
normally provided by the City.
(Ord. 2022-03-22-1211 C.S. § 3)
Notwithstanding the requirements of Section 36632 of the PBID
Law, any parcel of real property, regardless of the zoning of such
parcel, may be included in a community improvement district and subject
to an assessment in connection therewith, so long as such parcel specially
benefits from the services and improvements funded by that district.
(Ord. 2022-03-22-1211 C.S. § 3)
Only assessments against real property may be levied in connection
with a community improvement district.
(Ord. 2022-03-22-1211 C.S. § 3)
In lieu of the requirements of Section 36621(a) of the PBID
Law, the City Council may initiate proceedings to form a community
improvement district upon the submission of a written petition, signed
by property owners in the proposed district who will pay more than
30 percent of the assessments proposed to be levied in connection
with such district. The amount of assessment attributable to property
owned by the same property owner that is in excess of 20 percent of
the amount of all assessments proposed to be levied, shall not have
any percentage over the 20 percent threshold be included in determining
whether the petition is signed by property owners who will pay more
than 30 percent of the total amount of assessments proposed to be
levied.
(Ord. 2022-03-22-1211 C.S. § 3)
If so provided in the engineer's report for a community improvement
district, the assessment levied in connection with such a district
may include amounts sufficient to recover the costs incurred in forming
the district, including:
A.
The
costs of preparation of the management plan and engineer's report
required by State law; and
B.
The
cost of preparing, circulating and submitting the petition to the
City Council seeking establishment of the district; and
C.
The
costs of printing, advertising, and the giving of published, posted,
or mailed notices; and
D.
Compensation
of any consultant, engineer, or attorney employed to render services
in proceedings under this chapter or the PBlD Law; and
E.
Costs
incurred by the City for public hearings, notices, ballots and other
proceedings required by law for approval of a new or increased assessment.
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The engineer's report shall specify the formation costs eligible
for recovery through assessments, the schedule for recovery of those
costs, and the basis for determining the amount of the additional
assessment for recovery of costs, including the maximum amount of
the additional assessment, expressed either as a dollar amount, or
as a percentage of the underlying assessment.
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(Ord. 2022-03-22-1211 C.S. § 3)
The City Council may, in the resolution of intention for a community
improvement district, provide that if the district is established,
funds may be advanced from the City's general fund to permit the operation
of the district prior to the City's collection of the assessment.
Such advance shall occur only after the establishment of the district,
and no advance shall be made if the district is not established. Any
such advance may not exceed the total anticipated assessment proceeds
for the first year of the assessment. Any such advance must be recovered
from assessment proceeds as provided in the resolution of intention,
along with interest calculated at a rate set forth in the resolution
of intention. The duration of any such advance shall not exceed five
years.
(Ord. 2022-03-22-1211 C.S. § 3)
The duration of a new community improvement district shall be
no greater than specified in the resolution of intention for the district,
and shall in no event be in excess of 20 years. This section is intended
to supplant any shorter limitation set forth in the PBID Law on the
duration of assessments levied in connection with an assessment district.
(Ord. 2022-03-22-1211 C.S. § 3)
A community improvement district may be renewed for successive
periods not to exceed 20 additional years each by following the procedures
set forth in the PBID Law.
(Ord. 2022-03-22-1211 C.S. § 3)
The City Council may, on its own initiative, at any time, adopt
a resolution of intention to disestablish a community improvement
district and shall adopt such a resolution if, during the annual 30
day period set forth in Section 36670(a)(2) of the PBID Law, the City
Council receives a written petition requesting disestablishment signed
by property owners who pay more than 30 percent of the assessments
levied in connection with the district. This section provides an alternative
method for the initiation of proceedings to disestablish a community
improvement district and shall not be interpreted to preempt the existence
of other methods set forth in Section 36670 of the PBID Law. A resolution
of intention adopted pursuant to this section shall have the same
effect, and trigger the same notice and hearing requirements, as a
resolution of intention otherwise adopted pursuant to Section 36670
of the PBID Law.
(Ord. 2022-03-22-1211 C.S. § 3)
As provided under Section 36633 of the PBID Law, the validity
of an assessment levied under this chapter shall not be contested
in any action or proceeding unless the action or proceeding is commenced
within 30 days after the resolution levying the assessment is adopted.
Any appeal from a final judgment in an action or proceeding shall
be perfected within 30 days after the entry of judgment.
(Ord. 2022-03-22-1211 C.S. § 3)
