Sacramento Municipal Code Art. III Procedures for Formation of Community Facilities Districts for Provision…

This article is enacted by the city council pursuant to its powers as a chartered city under Article XI of the California Constitution, in order to supplement the provisions of the Mello-Roos Community Facilities Act of 1982, Government Code Section 53311, et seq. ("Act"). The city council may pursuant to the Act create a community facilities district for the purpose of financing the cost of maintenance services. (Ord. 98-017 § 2; prior code § 81.03.300)

In the event that the city council determines to create a community facilities district for the purpose of financing the cost of maintenance services, the formation procedures specified in the Act and, as applicable, those specified in Division 4.5 of the Streets and Highways Code, shall be followed. All such procedures shall comply with the provisions of subsection (d) of Section 1 of Article XIIIC of the California Constitution. Following formation, all procedures specified in the Act including, but not limited to, those providing for levy of any special tax within the district, for administration of the district, and for modification of the district, shall be applicable; provided, however, that at the time of formation of a district, the city council may establish alternative collection procedures allowing for collection of the tax by the city manager or designee. (Ord. 98-017 § 2; prior code § 81.03.301)

Notwithstanding any other provision of law, the following special provisions shall apply to community facilities districts formed by the city council pursuant to this chapter:

A. Where a parcel of property within a proposed maintenance community facilities district is owned by the city, the city council may by resolution determine that, notwithstanding the provisions of Government Code Section 53340, the parcel shall be subject to the special tax, and may also determine that the special tax shall be enforceable against the city.

B. In addition to those services specified in Government Code Section 53313(d), a community facilities district formed for maintenance purposes under the Act may provide the following types of services within an area: maintenance of landscape corridors, medians, off-street bikeways, sewer and water easement areas, drainage and related facilities, roadways and road easement areas, whether owned by the city or another public agency, and light rail transportation corridors.

C. Notwithstanding the provisions of Government Code Section 53321(d)(1), the city council may authorize an increase in the special tax not to exceed four percent per year, for special taxes levied for the purpose of authorized maintenance services under the Act and Section 3.124.100 of this chapter. The actual amount of the increase, subject to the four percent maximum, shall be computed based upon the Consumer Price Index (prior year annual average, San Francisco, Urban Wage Earners and Clerical Workers Index).

D. In addition to those services specified in Government Code Section 53313(d), a community facilities district formed under the Act may provide within an area transportation services and air quality mitigation services, to assist in achievement of transportation management and air quality goals expressed in any applicable general plan, community plan, or other ordinance or resolution adopted by the city council. Such services may include:

1. Transportation services, including transit pass subsidies, bus shuttle service, guaranteed ride home programs, rideshare matching, distribution of transit information such as routes, schedules, fares and related information, alternative mode allowances, parking reduction credits, carshare programs, transit service advocacy, transportation fairs and similar promotional events, and services related to any one or more of the matters specified in this subsection (D)(1).

2. Air quality mitigation services, including electric equipment rebate programs, electric vehicle support services, vehicle tune-up rebate programs, low emission appliance rebate programs, air quality fairs and similar promotional events, and services related to any one or more of the matters specified in this subsection (D)(2).

3. Bicycle services, including bicycle racks and lockers at public civic uses, bicycle racks on transit vehicles, bikeshare programs, electrified bicycle promotion, bicycle fairs and similar promotional events, and services related to any one or more of the matters specified in this subsection (D)(3).

4. Funding of costs of formation and ongoing operation of a transportation management association, costs of community facilities district formation and annual administration, and any miscellaneous costs related to any of the matters described in this subsection D including planning costs, engineering costs, legal costs, and administration costs.

5. Any other services which serve to advance the goals and objectives specified in this subsection D, and which have been approved by the board or other governing body of a transportation management association, and which are included within the transportation management plan adopted by such board or governing body. (Ord. 99-008 § 1; Ord. 98-017 § 2; prior code § 81.03.302)