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Ordinance 2935CITY OF ALAMDA ORDINANCE NO. 2935 New Series AMENDING THE ALAMEDA MUICIPAL CODE BY ADDINGA NEW SECTION 3-91 (CITY OF ALAMEDA COMMITY BENEFIT ASSESSMENT PROCEDUR CODE) TO ARTICLE VI (CITY OF ALAMEDA IMROVEMENT PROCEDUR CODE) OF CHAPTER III (FINANCE AN TAXATION) WHEREAS , it is in the public interest to promote the economic revitalization andphysical maintenance of the City s business distrcts in order to create jobs, attract newbusinesses, and prevent the erosion ofthe business distrcts; and WHEREAS , budgetary constraints prevent the City from providing all of the additional public services and improvements requested by or desirable to the stakeholders within each the City s business distrcts; and WHEREAS , the City Council desires to establish a procedure by which property owners in a business district may petition the City Council to initiate proceedings to. establish acommunity benefit distrct within which the City wil levy and collect assessments against realproperty and/or businesses to finance services and improvements requested by stakeholders; and WHEREAS , the City Council desires to establish procedures for the establishment and operation of such districts in order to promote the successful implementation of such distrcts. that: NOW, THEREFORE , BE IT ORDAID by the City Council of the City of Alameda Section 1 The Alameda Municipal Code is hereby amended by adding a new Section 91 (City of Alameda Communty Benefit Assessment Procedure Code) to Aricle VI (City of Alameda Improvement Procedure Code) to Chapter III (Finance and Taxation) to read: CITY OF ALAMEDA PROCEDURE CODE COMMUNITY BENEFIT ASSESSMENT 91.1 Title/Purpose. This Section shall be known as the "City of Alameda Communty Benefit Assessment Procedure Code " and shall be referred to in this section 3-91 as the "Assessment Procedure. " 91.2.Relationship to Other Laws. a. This Assessment Procedure is adopted pursuant to Section 1-2(D) ofAricle I of the Charter ofthe City of Alameda. b. Any provisions in this Assessment Procedure which conflct with any general law or act shall prevail over such other provision in connection with any proceedings taken pursl,ant to this Assessment Procedure. c. To the extent any proceeding or aspect of a proceeding conducted pursuant to this Assessment Procedure is deemed a municipal affair, any general laws referred to in this Assessment Procedure shall be deemed a par of this Assessment Procedure. To the extent any proceeding or aspect of a proceeding conducted pursuant to this Assessment Procedure is a matter of statewide concern , it is declared to be the intention of the City Council in adopting this Assessment Procedure that the proceedings or aspect thereof be had pursuant to any applicable general law or laws. d. This Assessment Procedure provides a method of financing certain activities and improvements than is intended to be an alternative to other means to do so. The provisions of this Assessment Procedure shall not affect or limit any other provision of law authorizing or providing for the furnishing of such activities or improvements , or the raising of revenue for these puroses. The City may use the provisions of this Assessment Procedure instead of or in conjunction with any other method of financing part or all of the cost of providing the authorized activities and improvements. 91.3 Incorporation of State Law. a. In forming assessment distrcts to fund activities and improvements that confer special benefit on property or businesses , the City Council may elect to use the procedures . set forth in the Property and Business Improvement Distrct Law of 1994 (Californa Streets & Highways Code Sections 36600 et seq. (the "PBID Law ) as modified by this Assessment Procedure. The City Council shall be bound by, and comply with , applicable state law governng the establislllent and operation of property and business improvement districts in all respects not inconsistent with this Assessment Procedure. b. A property and business improvement distrct established pursuant to this Assessment Procedure shall be denominated a "Communty Benefit District" or "Distrct" and the assessment levied in connection with such a distrct shall be denominated a "Community Benefit Assessment."c. Except where otherwise provided in this Assessment Procedure Community Benefit Distrct" shall have the meaning given to "Property and Business Improvement District" by Section 36611 of the PBID Law and each reference in the PBID Law to a "Property and Business Improvement District" or a "Distrct" shall be deemed also a reference to a "Community Benefit District." d. Except where otherwise' provided in this Assessment Procedure 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 Distrct." 91.4.Modifcation of State Law. a. Notwithstanding Streets & Highways Code Section 36621(a) or any other provision of law , the City Council may initiate proceedings to establish a Community Benefi District upon receipt of a petition signed by property or business owners in the proposed district who wil pay more than 30 percent of the assessments proposed to be levied. The amount of assessment attbutable to property or to one or more businesses owned by the same person that is in excess of 20 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who wilpay more than 30 percent of the total amount of assessments proposed to be levied. Where theCity Council initiates proceedings pursuant to this subsection, the City Council shall conduct a protest ballot proceeding in accordance with Aricle XIIID of the Californa Constitution notwithstanding any language to the contrary of Streets & Highways Code Section 36623. b. Notwithstanding Streets & Highways Code Section 36622(h) or any other provision of law , the City Council may form a distrct authorized to levy assessments for a term of up to 20 years , except where a longer ierm is authorized by the PBID Law or other applicable law. c. Pursuant to Streets & Highways Code Section 2804(a)(2), provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Streets & Highways Code Section 2800 et seq.shall not apply to a Communty Benefit District. In establishing a Community Benefit Distrct , the City shall comply with the requirements of Section 19 of Aricle XVI of the California Constitution. 91.5 Severabilty. If any provision of this Assessment Procedure or the application thereof to any person or circumstance shall be held to be invalid by a court of competent jurisdiction, suchinvalidity shall not affect any other provision or any other application of such provision which can be given effect without such invalid provision or application , and to this end the provisions ofthis Assessment Procedure are declared to be severable. 91.6 Limitation of Actions. The validity of any initial assessment levied under this Assessment Procedure shall not be contested in any action or proceeding, unless the action or proceeding is commenced within 30 days after the assessment is levied. The validity of any assessment levied after the initial assessment may be contested only for the purose of challenging (i) the accuracy of the application of any assessment formula to any property, business or person or (ii) the validity of any change in an assessment formula. Any appeal from a final judgment in the action or proceeding shall be perfected within thirty (30) days after the entry ofjudgient." Section 2 If any section, sentence, clause , phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a cour of competent jursdiction , the remaining sections , sentences , clauses , phrases , or portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section , sentence , clause , phrase , or portion of this Ordinance , irrespective of the fact that anyone or more sections , sentences , clauses , phrases , or portions ofthis Ordinance be declared invalid or unenforceable. Section 3.This Ordinance shall be in full force and effect from and after the expiration ofthirty (30) days from the date of its final passage. 1J7Jt( Presiding Officer of the City Council Attest: Lara Weisiger, City City of Alameda , the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the day of Januar, 2005 by the following vote to wit: AYES:Councilmembers Daysog, deHaa , Gilmore , and Matarrese - 4. NOES:None. ABSENT:Mayor Johnson - 1. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the offcial seal of said City this 19 th day of Januar, 2005.