Alameda Municipal Code Art. VII City of Alameda Community Benefit Assessment Procedure Code

This section shall be known as the "City of Alameda Community Benefit Assessment Procedure Code" and shall be referred to in this Section 3-91 as the "Assessment Procedure."

(Ord. No. 2935 N.S. § 1)

a. This Assessment Procedure is adopted pursuant to Section 1-2(D) of Article I of the Charter of the City of Alameda.

b. Any provisions in this Assessment Procedure which conflict with any general law or act shall prevail over such other provision in connection with any proceedings taken pursuant 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 part 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 that 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 purposes. 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.

(Ord. No. 2935 N.S. § 1)

a. In forming assessment districts 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 District Law of 1994 (California 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 governing the establishment and operation of property and business improvement districts in all respects not inconsistent with this Assessment Procedure.

b. A property and business improvement district established pursuant to this Assessment Procedure 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."

c. Except where otherwise provided in this Assessment Procedure, "Community Benefit District" 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 "District" 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 District."

(Ord. No. 2935 N.S. § 1)

a. Notwithstanding Streets & Highways Code Section 36621(a) or any other provision of law, the City Council may initiate proceedings to establish a Community Benefit District upon receipt of a petition signed by property or business owners in the proposed district who will pay more than thirty (30%) percent of the assessments proposed to be levied. The amount of assessment attributable to property or to one (1) or more businesses owned by the same person that is in excess of twenty (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 will pay more than thirty (30%) percent of the total amount of assessments proposed to be levied. Where the City Council initiates proceedings pursuant to this subsection, the City Council shall conduct a protest ballot proceeding in accordance with Article XIIID of the California 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 district authorized to levy assessments for a term of up to twenty (20) years, except where a longer term 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 Community Benefit District. In establishing a Community Benefit District, the City shall comply with the requirements of Section 19 of Article XVI of the California Constitution.

(Ord. No. 2935 N.S. § 1)

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, such invalidity 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 of this Assessment Procedure are declared to be severable.

(Ord. No. 2935 N.S. § 1)

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 thirty (30) days after the assessment is levied. The validity of any assessment levied after the initial assessment may be contested only for the purpose 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 of judgment.

(Ord. No. 2935 N.S. § 1)