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.-
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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,
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A. The procedures established in this chapter shall be additional or alternative to any
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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.
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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.
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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
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City it lerk of th City of Arcadia