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)
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)
A. 
Notwithstanding Streets and Highways Code Section 36621(a) or any other provision of state law, and in addition to any other circumstances in which it is authorized to do so, the City Council may adopt a resolution expressing its intention to form a Community Benefit District upon the submission of a written petition, signed by property owners in the proposed District who will pay more than 30% of the assessments proposed to be levied.
B. 
When determining whether the 30% threshold established in subsection A, above, has been met, no single property owner shall be counted for more than 20% of the amount of all assessments proposed to be levied, regardless of their actual proportion of the assessments.
C. 
A petition submitted pursuant to this section and a resolution adopted pursuant to this section shall, in all respects aside from the required number of signatures on the petition, comply with all requirements of the PBID Law. The adoption of such a resolution shall initiate proceedings to form a District.
(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)