The definitions contained in this section shall govern the construction of this chapter unless the context otherwise requires. The definition of a word or phrase applies to any variants thereof.
Benefit Assessment District.
A benefit assessment district formed pursuant to this chapter.
Engineer.
The City Engineer, or any other person designated by the City as the engineer for the purposes of any proceedings under this chapter, including any officer, official, Councilmember or employee of the City or any private person or firm specially employed by the City as engineer for the purposes of this chapter.
Improvement.
The acquisition, installation, construction, extension, reconstruction, repair, maintenance, operation, servicing or improvement or other enhancement of any public works, the costs of which acquisition, installation, construction, extension, reconstruction, repair, maintenance, operation, servicing, or improvement or other enhancement the City is not otherwise prohibited from financing by assessments.
Incidental Expenses.
Any or all of the following:
1. 
The costs of preparation of any engineer's report, plans, specifications, descriptions, estimates, maps, diagrams and assessments relating to any proceeding hereunder;
2. 
The costs of printing, advertising and the giving of published, posted and mailed notices;
3. 
Compensation, if any, to reimburse the City or payable to the county or any other entity, appointed to collect assessments for costs of collection of assessments;
4. 
Compensation of any engineer, attorney or other professional employed to render services in proceedings pursuant to this chapter;
5. 
Any other expenses incidental to an improvement;
6. 
The costs of any acquisition of land, rights-of-way, easements, or other interests therein necessary or appropriate in connection with an improvement;
7. 
The payment in full of all amounts necessary to eliminate any fixed special assessment liens previously imposed upon any assessment parcel included in the new benefit assessment district, provided that such payment shall be included in the new assessment levied pursuant to this chapter on such parcel; and
8. 
Any expenses incidental to the issuance of bonds, notes or other means of financing improvements, including interest owing for a period not to exceed the estimated completion of the improvements plus one year.
Including.
Unless otherwise expressly limited, means including without limitation and shall not operate to limit the generality of any words preceding such term or to exclude items dissimilar to those words following such term.
Property Owner.
Any person shown as the owner of land on the last equalized county assessment roll, and where land is subject to a recorded written agreement of sale or conveyance, any person shown therein as purchaser.
Public Agency.
The State or federal government, any city, any city and county, any county or any other public corporation or entity formed pursuant to charter, general law or special act, for the performance of governmental or proprietary functions within limited boundaries, and any department, board, commission, independent agency or instrumentality of any of the foregoing.
Public Service.
The provision of any service to members of the public by the City, including fire protection, police protection, public transportation, public parking, parks and recreational areas, highway improvement, sewage and wastewater treatment, flood protection, drainage, lighting, electric supply, water supply, gas supply, landscaping, land stabilization, geologic hazard prevention and control and rubbish collection.
Public Utility.
Any public utility subject to the jurisdiction of and regulated by the Public Utilities Commission of the State of California.
Public Work.
Any tangible asset used for a public service, a public purpose or a public purpose incidental to a public service, and includes any real property or any ownership or leasehold interest therein, including rights-of-way and easements, necessary or appropriate in connection therewith, and any use or capacity rights in any of the foregoing.
Resolution.
Includes any formal official action of a public agency, so denominated, or ordinances thereof.
(Ord. 4472, 1987)
This chapter shall provide a complete, additional and alternative procedure for accomplishing the acts authorized in this chapter, and shall be deemed to be supplemental and additional to the powers conferred by the Constitution of the State of California, the Charter of the City and other applicable laws. The City may use the provisions of this chapter instead of, or in conjunction with, any other laws or methods of financing part or all of the cost of improvements.
(Ord. 4472, 1987)
This chapter shall be liberally construed to effectuate its purpose. Any proceedings taken under this chapter and any assessment levied pursuant thereto shall not be invalidated for failure to comply with the provisions of this chapter if such failure does not substantially and adversely affect the constitutional rights of any property owner. The exclusive remedy of any property owner so affected shall be appeal to the City Council in accordance with the provisions of this chapter. All determinations made by the City Council pursuant to this chapter shall be final and conclusive in the absence of fraud or prejudicial abuse of discretion. All proceedings undertaken by the City pursuant to this chapter shall be undertaken in accordance with the provisions of Section 19 of Article XVI of the California Constitution, as such section may be amended or supplemented from time to time.
(Ord. 4472, 1987)
The provisions of Chapter 2 (commencing with Section 5115) of Part 3 of Division 7 of the California Streets and Highways Code (as said provisions may from time to time be amended or supplemented) pertaining to the extension of the work or the territory of the benefit assessment district beyond the boundaries of a city, are by this reference incorporated into this chapter.
(Ord. 4472, 1987)
Any resolution, notice, report, diagram, or assessment which is required to contain a description of the improvements, the boundaries of the benefit assessment district or any zones therein, or the lines and dimensions of any lot or parcel of land may, for a full and detailed description thereof, refer to any plan or map which is on file with the City Clerk, the county auditor, the county recorder or the county assessor and which is open to public inspection. The plan or map so referred to shall govern for all details of the description.
(Ord. 4472, 1987)
In any proceeding authorized pursuant to this chapter, the City Council may order any acquisition of land, rights-of-way, easements, or other interests therein necessary or appropriate in connection with such improvement, and assess the cost of such acquisition as a part of the costs of such improvement. The City is authorized to advance the costs of such acquisition from legally available funds, and thereafter obtain reimbursement for such advance as a part of the costs of such improvement. As appropriate, acquisitions may be accomplished through the exercise of any applicable power of eminent domain or otherwise.
(Ord. 4472, 1987)
The City Clerk shall give notice or cause the same to be given in accordance with this section, unless the City Council delegates the duty of giving the notice to some other person, officer or board.
A. 
Published notice, when required, shall be made as provided in Section 6061 of the California Government Code, unless otherwise specified.
B. 
Posted notice, when required, shall be made by posting a copy of the notice upon any official bulletin board customarily used by the City for the posting of notices. Posted notices of hearings for the formation or consolidation of a benefit assessment district or for the annexation of territory to an existing benefit assessment district shall be posted at intervals of not more than 300 feet along all existing streets within the proposed benefit assessment district or within the territory proposed to be annexed to or consolidated with an existing benefit assessment district, as the case may be. Posting of notice of such hearings shall be completed at least 10 days prior to the date of hearing specified therein, if applicable.
C. 
Mailed notice, when required, shall be sent by first-class mail and deposited, postage prepaid, in the United States mail and shall be deemed given when so deposited.
The failure of the City Clerk or any person to whom the duty of giving notice was delegated to publish, post or mail any notice or the failure of any person to receive the same shall not affect in any way whatsoever the validity of any proceedings taken under this chapter, nor prevent the City Council from proceeding with any hearing or other action so noticed.
(Ord. 4472, 1987)
A. 
Initiation of proceedings. Proceedings for the formation of a benefit assessment district may be instituted by resolution of the City Council on its own initiative and shall be instituted by the City Council when a petition requesting the formation of a benefit assessment district is filed with the City Clerk. Such petition may consist of any number of separate instruments, each of which shall comply with all of the requirements set forth below with respect to the petition, except as to the number of signatures. Such petition shall:
1. 
Request the City Council to institute proceedings for the formation of a benefit assessment district pursuant to this chapter;
2. 
Describe the boundaries of the territory of the proposed benefit assessment district;
3. 
Describe the proposed improvements; and
4. 
Be signed by property owners of not less than 60% of the area of land proposed to be included within the benefit assessment district. If the City Council finds that the petition is signed by the requisite number of property owners proposed to be included within the benefit assessment district, that finding shall be final and conclusive.
B. 
Within 90 days after a petition described in subsection A above is filed with the City Clerk, the City Council shall adopt a resolution in the form specified in subsection C below.
C. 
Preliminary resolution. Proceedings for the formation of a benefit assessment district shall be initiated by a resolution of the City Council. Such resolution shall:
1. 
Propose the formation of a benefit assessment district pursuant to this chapter and specify a distinctive designation for the district;
2. 
Describe the improvements;
3. 
Describe the exterior boundaries of the proposed benefit assessment district; and
4. 
Order the engineer to prepare and file a report in accordance with subsection D.
The descriptions in the resolution need not be detailed but shall be sufficient if they enable the engineer to generally identify the nature, location, and extent of the improvements and the location and extent of the benefit assessment district.
D. 
Engineer's report. The engineer shall prepare a report which shall contain all of the following:
1. 
A description of the proposed improvements which are not already installed. Such description need not be detailed, but shall be sufficient if it shows or describes the general nature, location, and extent of the improvements. If the benefit assessment district is divided into zones, the description shall indicate the class and type of improvements to be provided for each such zone.
2. 
A general description of improvements already installed and any other property necessary or convenient for the operation of the improvements if such property is to be acquired as part of the improvement.
3. 
An estimate of the costs of the improvements, including an estimate of any incidental expenses. The estimate of the costs of the improvements shall contain estimates for all of the following:
a. 
The total costs for improvements to be made being the total costs of acquiring, installing, construction, reconstructing, extending, repairing or improving or otherwise enhancing all proposed public works plus, if the proposed benefit assessment district is to participate in maintenance, operation or servicing of the proposed public works, the total estimated costs of maintaining, operating and servicing all existing and proposed public works, including all incidental expenses;
b. 
The amount of any contributions to be made from sources other than assessments levied pursuant to this chapter; and
c. 
The net amount to be assessed upon assessable lands within the benefit assessment district, being the total costs for improvements, as referred to in paragraph (a) above, decreased by the amounts, if any, referred to in paragraph (b).
4. 
A diagram for the benefit assessment district which shall show (i) the exterior boundaries of the benefit assessment district, and (ii) the boundaries of any zones within the benefit assessment district. Each lot or parcel shall be identified by a distinctive number or letter.
5. 
Proposed assessments for the net estimated costs of the improvements and incidental expenses upon the several subdivisions of land in the benefit assessment district in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement.
The net amount to be assessed upon the lands within a benefit assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.
The diagram and assessment may classify various areas within a benefit assessment district into different zones where, by reason of variations in the nature, location and extent of the improvements and other factors which may be identified in the engineer's report, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.
E. 
Approval of engineer's report. Upon completion, the engineer shall file the report with the City Clerk for submission to the City Council. The City Council may approve the report, as filed, or it may modify the report in any particular and approve it as modified.
F. 
Resolution of intention. After approval of the report, either as filed or as modified, the City Council shall adopt a resolution of intention which shall do all of the following:
1. 
Declare the intention of the Council to order the formation of a benefit assessment district to levy and collect assessments;
2. 
Generally describe the improvements;
3. 
Refer to the proposed benefit assessment district by its distinctive designation and refer to the report of the engineer, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the benefit assessment district and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the benefit assessment district; and
4. 
Give notice of, and fix a time and place for, a public hearing by the City Council on the question of the formation of the benefit assessment district and the levy of the proposed assessment at which hearing protests to the improvements or the assessment will be considered.
G. 
Notice of public hearing. The City Clerk shall give notice of passage of the resolution of intention and of the public hearing by publishing, posting and mailing to each property owner, as provided in Section 4.60.090 of this chapter, a notice containing the following information:
1. 
A reference to the resolution of intention adopted in accordance with subsection F above;
2. 
A statement of the time, place and purpose of the public hearing;
3. 
An estimate of the total cost of the proposed improvement;
4. 
For purposes of the mailed notice only, the amount as shown by the engineer's report estimated to be assessed against the particular parcel covered by the notice;
5. 
A statement that any property owner interested may file a protest in writing stating all grounds of objection with the City Clerk at least 24 hours before the time set for the hearing and that any written protest must include a description of the property in which each signer of the protest is interested.
H. 
Public hearing. The City Council shall hold the public hearing at the time and place fixed in the resolution of intention and in any order continuing the hearing. All interested persons shall be afforded the opportunity to hear and be heard.
I. 
Changes to matters in engineer's report. During the course or upon the conclusion of the hearing, the City Council may order changes in any of the matters provided in the engineer's report, including changes in the improvements, the boundaries of the proposed benefit assessment district and any zones therein, and the proposed diagram or the proposed assessment. The City Council may, without further notice, order the exclusion of territory from the proposed benefit assessment district, but shall not order the inclusion of additional territory within the benefit assessment district except upon written request by a property owner for the inclusion of his or her property or upon the giving of mailed notice of hearing to the owners of such additional territory upon the question of the inclusion of their property in the benefit assessment district.
J. 
Majority protest. Upon the conclusion of the hearing, the City Council shall determine whether a majority protest exists. For that purpose, the extent of the territory of the proposed benefit assessment district shall be adjusted in accordance with any orders excluding territory from or including additional territory within the benefit assessment district. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn represent property owners owning more than 50% of the area of land to be assessed for the improvements within the proposed benefit assessment district, unless the City Council in its Resolution of Intention with regard to any benefit assessment district determines that the majority protest shall be measured on a basis other than area of land.
K. 
Abandonment upon majority protest; override. Proceedings for the formation of the benefit assessment district shall be abandoned if there is a majority protest unless, by a four-fifths vote of all members of the City Council, the protest shall be overruled.
L. 
Resolution ordering improvements, forming district and levying an assessment. If a majority protest has not been filed, or, if filed, has been overruled, the City Council may adopt a resolution ordering the improvements and the formation of the benefit assessment district and confirming the diagram and assessment, either as originally proposed or as changed by order of the City Council. The adoption of the resolution shall constitute the levy of the assessment which may be collected in annual installments. The City Clerk shall record a notice and assessment diagram describing the assessment as provided in Part 2 of Division 4.5 (commencing with Section 3110) of the California States and Highways Code, as such Division may from time to time be amended or supplemented, except that the period for which the lien continues shall be 30 years instead of the period of 10 years shown in Streets and Highways Code § 3115(c).
M. 
Assessment lien. From the date of recordation, each assessment levied pursuant to this chapter is a lien upon the land upon which it is levied. This lien is paramount to all other liens, except prior assessments and tax liens. Unless sooner discharged, the lien continues for a period of 30 years from the date of recordation or, if bonds, notes or other instruments are issued to represent the assessment, until the expiration of four years after the due date of the last installment on such bonds, notes or other instruments. All persons have constructive notice of this lien from the date of recordation.
N. 
Notice of recordation and assessment. The City Clerk shall send mailed notice to the property owners, in accordance with Section 4.60.090 of this chapter, of recordation of assessment. Such notice shall include:
1. 
A designation of the property assessed;
2. 
The amount of the assessment;
3. 
The date of recordation of the assessment;
4. 
If provided for in the resolution levying the assessment, that the payment of the sums assessed are due and payable and may be paid as provided by the City Council within 30 days after the date of recording the assessment and the effect of failure to pay within the 30-day period, all in accordance with the resolution of the City Council levying such assessment.
(Ord. 4472, 1987)
A. 
The City Council, either in a single proceeding or by separate proceedings, may order one or any combination of the following changes of organization:
1. 
The annexation of territory to an existing benefit assessment district formed pursuant to this chapter;
2. 
The detachment of territory from an existing benefit assessment district formed pursuant to this chapter;
3. 
The dissolution of an existing benefit assessment district formed pursuant to this chapter; or
4. 
The consolidation into a single benefit assessment district formed pursuant to this chapter of two or more existing benefit assessment districts formed pursuant to this chapter.
The City Council shall not, by annexation, detachment, dissolution, or consolidation, alter the obligation of property owners to pay assessments levied for which improvements were financed by bonds, notes or other instruments issued to represent the assessment. This section does not prevent the lawful refunding of any such bonds or financing or the apportionment of assessments upon the division of properties assessed.
B. 
Proceedings for a change of organization may be:
1. 
Undertaken subsequent to or concurrently with proceedings for the formation of a benefit assessment district under this chapter. Any or all such proceedings may be continued on the completion of any other or all such proceedings.
2. 
Combined with proceedings for the formation of a benefit assessment district under this chapter. In such case, any of the several resolutions, reports, notices, or other instruments provided for in this chapter may be combined into single proceedings.
C. 
Except as otherwise provided herein, proceedings for a change of organization shall be initiated, conducted, and completed in substantial compliance with the procedure provided in Section 4.60.100 for the formation of a benefit assessment district.
D. 
In annexation proceedings, the resolutions, reports, notices of hearing, and right of majority protest shall be limited to the territory proposed to be annexed, unless the City Council determines that property owners in the benefit assessment district to which the subject annexation is proposed could be adversely affected by such annexation, in which case such property owners shall also be provided with notice of the hearing. Notice of hearing on the proposed annexation shall be published, posted, and mailed, as applicable, as provided in Section 4.60.090.
(Ord. 4472, 1987)
A. 
After the filing of the diagram and assessment, unless the City Council otherwise requests the county auditor or some other public agency official to enter on the county assessment roll or other public record opposite each lot or parcel of land the amount assessed thereupon, the City Finance Director or other such officer, employee or agent of the City as the City Council may determine, shall create a benefit assessment roll or other public record for each lot or parcel of land showing the amount or basis of calculating the amount assessed, as shown in the assessment.
B. 
Unless otherwise determined by the City Council, assessments shall be collected at the same time and in the same manner as county taxes are collected, and all laws providing for the collecting and enforcement of county taxes shall apply to the collection and enforcement of the assessments. If collection of any assessments is to be done by a public agency other than the City, the net amount of the assessments collected, after deduction of any compensation due such public agency for collection, if any, shall be paid to the City Treasurer.
C. 
The City may charge a penalty of up to two percent per month for delinquent assessments, unless a different penalty is provided for in the resolution levying the assessment for a particular benefit assessment district.
D. 
The City may bring an action in any court of competent jurisdiction against property owners to collect delinquent assessments and penalties thereon or to enforce the lien thereof.
(Ord. 4472, 1987)
A. 
Upon receipt of monies representing assessments, the City Treasurer shall deposit the monies in the treasury of the City to the credit of an improvement fund for the benefit assessment district from which they were collected, and the monies shall be expended only for the improvements or to repay financing incurred for the improvements authorized for such benefit assessment district.
B. 
If there is a surplus in the improvement fund for a benefit assessment district upon completion of the improvement, or, if later, upon repayment of the financing therefore, the City Council shall determine the amount of the surplus and shall direct such amount to be applied first to repay the City for any prior contribution or advance made to the fund (as contemplated in subsection C below), and second as a credit to the assessment in the proportion which each individual assessment bears to the total of all individual assessments. Where an individual assessment has been paid in cash, the credit shall be returned in cash to the person paying the same upon their furnishing satisfactory evidence of payment. Where any part of an individual assessment remains unpaid, the amount of the surplus apportioned to each parcel shall be credited against the next installment or installments. Any portion of a surplus which has not been paid or claimed by the persons entitled thereto within four years from such entitlement (or if bonds, notes or other instruments issued to represent the assessment have been issued, within four years after the due date of the last installment upon such bonds, notes or instruments) or a surplus or any portion thereof that amounts to $50 or less to an individual property owner shall be transferred to the City's general fund.
C. 
If there is a deficit in the improvement fund of a benefit assessment district during any fiscal year, the City Council, from any available and unencumbered funds of the City, may provide but has no obligation to provide for:
1. 
A contribution to the improvement fund; or
2. 
A temporary advance to the improvement fund and direct that the advance be repaid from the next annual assessments levied and collected within the benefit assessment district.
D. 
The City Council may accept contributions from any source toward payment of costs of the improvements for financing therefor. The City Council, at any time either before or after the confirmation of the assessment, may provide for contributions towards payment of improvement costs. All contributions shall be deposited in the improvement fund of the benefit assessment district for which the contribution was provided.
E. 
In determining an individual assessment, credit may be given for dedications and for improvements constructed at private expense.
F. 
All contributions authorized prior to confirmation of an assessment shall be deducted from the total improvement costs to be assessed within the benefit assessment district.
(Ord. 4472, 1987)
A. 
The City Council may, by resolution, determine and declare that bonds, notes or other instruments shall be issued to finance the estimated cost of the proposed improvements, including incidental expenses.
B. 
The resolution authorizing such issuance shall generally describe the proposed improvements, set forth the estimated cost thereof, specify the number of annual installments and the fiscal years during which they are to be collected, and fix or determine the maximum amount of each annual installment necessary to retire the bonds, notes or other instruments.
C. 
Notwithstanding any other provision of this chapter, assessments levied to pay the principal of, and interest on, any bond, note or other instrument issued to represent an assessment levied pursuant to this chapter, shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.
(Ord. 4472, 1987)
Public property owned by any public agency and in use in the performance of a public function shall not be subject to assessment under this chapter, unless the resolution of intention expressly provides that it shall be assessed.
(Ord. 4472, 1987)
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 assessment is levied.
(Ord. 4472, 1987)
An action to determine the validity of the acquisition or improvement of any public work, any assessment or any bonds, notes or other financing instituted pursuant to this chapter may be brought by the City upon authorization of such action by the City Council or by any interested person pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the California Code of Civil Procedure. For such purposes, the "acquisition or improvement of any public work" or an "assessment" shall be deemed to be in existence upon adoption of the resolution ordering the improvements and confirming the assessment (as described in Section 4.60.100.C of this chapter).
(Ord. 4472, 1987)
A. 
The City Council, by contract or otherwise, shall provide for the performance of all work ordered by it pursuant to this chapter, including the acquisition, installation, construction, extension, reconstruction, repair, maintenance, operation, servicing, improvement or other enhancement of any public works.
B. 
All or any part of the public works may be acquired, installed, constructed, extended, reconstructed, repaired, maintained, operated, serviced, improved or otherwise enhanced or owned by one or any combination of the following:
1. 
The City;
2. 
Any other public agency; or
3. 
Any public utility.
(Ord. 4472, 1987)