This chapter provides a procedure for the establishment of assessment
districts that is separate from, and alternative to, other procedures
under state or municipal law. This chapter does not prohibit the City
Council from establishing an assessment district or conducting proceedings
for such district under any other procedure authorized by law.
(Ord. 5995, 2021)
The City Council may establish a Community Benefit District
and levy assessments in connection with such a District pursuant to
this chapter.
(Ord. 5995, 2021)
This chapter incorporates the Property and Business District
Law of 1994 (
Streets and Highways Code Sections 36600 et seq.), which
is referred to in the chapter as the "PBID Law." In connection with
such incorporation, all references in the PBID Law to a "District"
or a "Property and Business District" shall be interpreted as references
to a Community Benefit District. Except where a provision of the PBID
Law is inconsistent with a provision of this chapter, all provisions
of the PBID Law shall apply to the establishment and operation of
any Community Benefit District established pursuant to this chapter.
In the event of a conflict between the provisions of this chapter
and those of the PBID Law, the provisions in this chapter shall prevail.
(Ord. 5995, 2021)
Notwithstanding the requirements of Section 36632(c) of the
PBID Law, any parcel of real property, regardless of the zoning of
such parcel, may be included in a Community Benefit 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. 5995, 2021)
No assessment against businesses may be levied in connection
with a Community Benefit District established pursuant to this chapter.
Any assessments can be levied solely against real property.
(Ord. 5995, 2021)
Notwithstanding any provision of state law: (A) the initial term for any Community Benefit District established pursuant to this chapter may be as long as five years and shall not exceed five years; and (B) the term for a renewal of an existing Community Benefit District established pursuant to this chapter may be as long as 20 years and shall not exceed 20 years. The term of any renewal initiated pursuant to Section
4.45.080 of this chapter shall not exceed 20 years.
(Ord. 5995, 2021)
Notwithstanding
Streets and Highways Code Sections 36621(a),
36660(a) or any other provision of state law, and in addition to any
other circumstances in which it is authorized to do so by state law
or this chapter, the City Council may adopt a resolution expressing
its intention to renew an existing Community Benefit District upon
the submission of a written request submitted by the Owners' Association
for the District. A petition submitted pursuant to this section shall,
in all respects except for the signature requirement, comply with
all of the requirements for a petition submitted pursuant to the PBID
Law. A resolution adopted to this section shall comply with all requirements
for a resolution of intention adopted under Section 36621 of the PBID
Law. The adoption of such a resolution shall initiate proceedings
to form a District. Each renewal initiated pursuant to this section
shall have a duration of no longer than 20 years.
(Ord. 5995, 2021)
If so provided in the engineer's report for a Community Benefit
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. Compensation
of any consultant, engineer or attorney employed to render services
in proceedings under this chapter or the PBID Law; and
D. Costs
incurred by the City for public hearings, notices, ballots and other
proceedings required by law for approval of a new or increased assessment.
The engineers 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.
(Ord. 5995, 2021)
The City Council may, on its own initiative at any time, adopt
a resolution of intention to disestablish a Community Benefit District
and the City Council 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% of the assessments
levied in connection with the District. This section provides alternative
methods for the initiation of proceedings to disestablish a Community
Benefit District and shall not be interpreted to preempt the existence
of other methods set forth in Section 36670 of the PBID Law or other
applicable state 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. 5995, 2021)
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, or as provided under Section 36633 of the
PBID Law, as it may be amended from time to time. Any appeal from
a final judgment in an action or proceeding shall be perfected within
30 days after the entry of judgment.
(Ord. 5995, 2021)