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HomeMy WebLinkAbout2306AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE I OF THE ARCADIA MUNICIPAL CODE BY ADDING CHAPTER 14 CONCERNING THE ESTABLISHMENT OF COMMUNITY BENEFIT DISTRICTS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is hereby amended by adding Chapter 14 to Article I to read in its entirety as follows.- "CHAPTER14 • �_K Im-14m, 101*1111111111a; The purpose of this chapter is to enhance the ability of the City and businesses therein to establish property and business improvement districts pursuant to the Property and Business Improvement District Law of 1994 (Streets & Highways Code Section 36600 et seq.) by. (1) reducing the percentage of property owners whose signatures are required to initiate formation of a property and business improvement district ("Property BID") from fifty percent (50%), as authorized by the Property and Business Improvement District Law of 1994, to thirty percent (30%); (2) extending the period for which a Property BID may exist from five years, as authorized by the Property and Business Improvement District Law of 1994, to twenty years, and (3) authorizing the reimbursement of formation costs, 1 A. The procedures established in this chapter shall be additional or alternative to any on 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 & Highways Code §§ 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 the chapter. C. An assessment district established pursuant to this chapter shall be denominated a "Community Benefit District" or "District" and the assessment levied in connection with such a district shall be denominated a "Community Benefit Assessment." D. Except where otherwise provided in this chapter, "Community Benefit District" shall have the meaning given to "Property and Business Improvement District" by Section 366,11 of the PBID Law and each reference in the PBID Law to a "Property an* Business Improvement District" or a "District" shall be deemed also a reference to a "Community Benefit District." E. Except where otherwise provided in this chapter, "Community Benefit Assessment" shall have the meaning given to "Assessment" by Section 36606 of the PBID Law and each reference in the PBID Law to an "Assessment" shall be deemed also a reference to a "Community Benefit District." 1962. PETITION REQUIREMENT. Upon the written petition, signed and acknowledged, of the property owners in the proposed District who will pay more than thirty percent (30%) of the assessments proposed to be levied, the City Council may initiate proceedings to form a District by adopting a resolution expressing its intention to form a District. The amount of assessment attributable to property owned by the same property owner which is in excess of twenty percent (20%) of the amount of all assessments proposed to be levied shall not be included in determining whether the petition is signed by property owners who will pay more than thirty percent (30%) of the total amount of assessments proposed to be levied. ITT-*jW-1T91W1 A. The City Council may authorize a District formed pursuant to this chapter to recover through assessments the costs incurred in forming the District, including: 1. The costs of preparation of the management plan and engineer's report required by state law; 2. The cost of circulating and submitting the petition to the City Council seeking establishment of the District; 3. The costs of printing, advertising and the giving of published, posted or mailed notices; 4. Compensation of any engineer or attorney employed to render services in proceedings under this chapter or the PBlD Law; and 5. Costs associated with any ballot proceedings required by law for approval of a new or increased' assessment. If the District will be authorized to recover these costs, the management plan required pursuant to Streets & Highways Code Section 36622 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. B. The City may advance funds for the first year of a District so that the District can commence work prior to the initial collection of the assessments. The funds advanced shall not exceed the total assessment for the first year. The funds advanced shall be repaid, with interest, within five (5) years of the collection of the first annual assessment. 1964. DURATION OF A DISTRICT. A District established pursuant to this chapter may have a duration of up to twenty (20) years, if so specified in the resolution of intention." SECTION 2. If any portion of this Ordinance or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Ordinance shall not be affected thereby and shall be enforced to the greatest extent permitted by law. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published at least once in the official newspaper of said City within fifteen (1 5) days after its adoption. This Ordinance shall take effect on the thirty-first (31't) day after its adoption. [SIGNATURES ON THE NEXT PAGE] Ell Passed, approved and adopted this 15th. day of ia,.).uary 2013. Mayor of the City of Arcadia ATTEST- Fa = :100 a �. I I Wei i re TROT, k in Stephen P. Deitsch City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA 1, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2306 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 15th day of January, 2013 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Members Amundson, Kovacic, Segal, Wuo and Harbicht -911111111111133 "M City it lerk of th City of Arcadia