36710-36722

STREETS AND HIGHWAYS CODE
SECTION 36710-36722




36710.  (a) A multifamily improvement district may be established
pursuant to this chapter.
   (b) A city may not form a multifamily improvement district on or
after January 1, 2022, unless a later statute which is enacted on or
before January 1, 2022, deletes or extends that date.



36711.  A county may not form a district within the territorial
jurisdiction of a city without the consent of the city council of
that city. A city may not form a district within the unincorporated
territory of a county without the consent of the board of supervisors
of that county. A city may not form a district within the
territorial jurisdiction of another city without the consent of the
city council of the other city.



36712.  (a) Upon the submission of a written petition, signed by
either property owners paying more than two-thirds of the proposed
assessment or by business owners paying more than two-thirds of the
proposed assessment, the city council may initiate proceedings to
form a district by the adoption of a resolution expressing its
intention to form a district.
   (b) The petition of the property owners or the business owners
required pursuant to subdivision (a) shall include all of the
following:
   (1) A map showing the general boundaries of the proposed district.
   (2) A general description of the proposed activities and
improvements to be carried out by the district.
   (3) A general description of how the proposed district will be
financed, and whether bonds are proposed to be issued.
   (c) The resolution of intention described in subdivision (a) shall
contain all of the following:
   (1) A brief description of the proposed activities and
improvements, the amount of the proposed assessment, a statement as
to whether the assessment will be levied on property or on businesses
within the district, a statement as to whether bonds will be issued,
and a description of the exterior boundaries of the proposed
district. The descriptions and statements do not need to be detailed
and shall be sufficient if they enable an owner to generally identify
the nature and extent of the improvements and activities and the
location and extent of the proposed district.
   (2) Order the preparation of a management district plan by a
registered professional engineer certified by the state.



36713.  The management district plan shall contain all of the
following:
   (a) A map of the proposed district in sufficient detail to locate
each parcel of property and, if businesses are to be assessed, each
business within the district.
   (b) The name of the proposed district.
   (c) A description of the boundaries of the proposed district,
including the boundaries of any benefit zones, proposed for
establishment or extension in a manner sufficient to identify the
affected lands and businesses included. Under no circumstances shall
the boundaries of a proposed district overlap with the boundaries of
another existing district created pursuant to this part. Nothing in
this part prohibits the boundaries of a district created pursuant to
this part to overlap with other assessment districts.
   (d) The improvements and activities proposed for each year of
operation of the district and the maximum cost thereof.
   (e) The total annual amount proposed to be expended for
improvements, maintenance and operations, and debt service in each
year of operation of the district.
   (f) The proposed source or sources of financing including the
proposed method and basis of levying the assessment in sufficient
detail to allow each property owner or each business owner to
calculate the amount of the assessment to be levied against his or
her property or business. The plan shall also state whether bonds
will be issued to finance improvements.
   (g) The time and manner of collecting the assessments.
   (h) The specific number of years in which assessments will be
levied. In a new district, the maximum number of years shall be five.
Upon renewal, a district shall have a term not to exceed 10 years.
Notwithstanding those time limitations, a district that finances
improvements with bonds may levy assessments until the maximum
maturity of those bonds, not to exceed 20 years. The management
district plan may set forth specific increases in assessments for
each year of operation of the district.
   (i) The proposed time for implementation and completion of the
management district plan.
   (j) Any proposed rules and regulations to be applicable to the
district.
   (k) A list of the properties or the businesses to be assessed,
including the assessor's parcel numbers for any properties to be
assessed, and a statement of the method or upon benefited real
property or businesses, in proportion to the benefit received by the
property or the business, to defray the cost thereof, including
operation and maintenance. The plan may provide that all or any class
or category of real property which is exempt by law from real
property taxation may nevertheless be included within the boundaries
of the district but shall not be subject to assessment on real
property.
   (l) Any other item or matter required to be incorporated therein
by the city council.


36714.  (a) If a city council proposes to levy a new or increased
property assessment, the notice and protest and hearing procedures
shall comply with Section 53753 of the Government Code.
Notwithstanding subdivision (e) of Section 53753 of the Government
Code, the city may not establish the district or levy assessments if
the assessment ballots submitted, and not withdrawn, in opposition to
the proposed assessment exceed one-third of the total assessment
ballots submitted, and not withdrawn, weighting those assessment
ballots by the amount of the proposed assessment to be imposed upon
the identified parcel for which each assessment ballot was submitted.
   (b) If a city council proposes to levy a new or increased business
assessment, the notice and protest and hearing procedure shall
comply with Section 54954.6 of the Government Code, except that
notice shall be mailed to the owners of the businesses proposed to be
assessed.


36715.  At the conclusion of the public hearing to establish the
district, the city council may adopt, revise, change, reduce, or
modify the proposed assessment or the type or types of improvements
and activities to be funded with the revenues from the assessments.
Proposed assessments may only be revised by reducing any or all of
them. At the public hearing, the city council may only make changes
in, to, or from the boundaries of the proposed district that will
exclude territory that will not benefit from the proposed
improvements or activities. Any modifications, revisions, reductions,
or changes to the proposed assessment district shall be reflected in
the notice and map recorded pursuant to Section 36718.



36716.  (a) If the city council, following the public hearing,
decides to establish the proposed district, the city council shall
adopt a resolution of formation that shall contain all of the
following:
   (1) A brief description of the proposed activities and
improvements, the amount of the proposed assessment, a statement as
to whether the assessment will be levied on property or businesses
within the district, a statement about whether bonds will be issued,
and a description of the exterior boundaries of the proposed
district. The descriptions and statements do not need to be detailed
and shall be sufficient if they enable an owner to generally identify
the nature and extent of the improvements and activities and the
location and extent of the proposed district.
   (2) The number, date of adoption, and title of the resolution of
intention.
   (3) The time and place where the public hearing was held
concerning the establishment of the district.
   (4) A determination regarding any protests received. The city
shall not establish the district or levy assessments if the
assessment ballots submitted, and not withdrawn, in opposition to the
proposed assessment exceed one-third of the total assessment ballots
submitted, and not withdrawn, weighting those assessment ballots by
the amount of the proposed assessment to be imposed upon the
identified parcel for which each assessment ballot was submitted.
   (5) A statement that the properties or businesses in the district
established by the resolution shall be subject to any amendments to
this part.
   (6) A statement that the improvements and activities to be
provided in the district will be funded by the levy of the
assessments. The revenue from the levy of assessments within a
district shall not be used to provide improvements or activities
outside the district or for any purpose other than the purposes
specified in the resolution of intention, as modified by the city
council at the hearing concerning establishment of the district.
   (7) A finding that the property or the businesses within the area
of the district will be benefited by the improvements and activities
funded by the assessments proposed to be levied.
   (b) The adoption of the resolution of formation and recordation of
the notice and map pursuant to Section 36718 shall constitute the
levy of an assessment in each of the fiscal years referred to in the
management district plan.



36717.  If the city council, following the public hearing, desires
to establish the proposed district, and the city council has not made
changes pursuant to Section 36715, or has made changes that do not
substantially change the proposed assessment, the city council shall
adopt a resolution establishing the district. The resolution shall
contain all of the information specified in paragraphs (1) to (8),
inclusive, of subdivision (a) of Section 36716, but need not contain
information about the preliminary resolution if none has been
adopted.


36718.  Following the adoption of the resolution establishing the
district pursuant to Section 36716 or 36717, the clerk of the city
shall record a notice and an assessment diagram pursuant to Section
3114. If the assessment is levied on businesses, the text of the
recorded notice shall be modified to reflect that the assessment will
be levied on businesses, or specified categories of businesses,
within the area of the district. No other provision of Division 4.5
(commencing with Section 3100) applies to an assessment district
created pursuant to this part.



36719.  The city council may establish one or more separate benefit
zones within the district based upon the degree of benefit derived
from the improvements or activities to be provided within the benefit
zone and may impose different assessments within each benefit zone.
If the assessment is to be levied on businesses, the city council may
also define categories of businesses based upon the degree of
benefit that each will derive from the improvements or activities to
be provided within the district and may impose different assessments
or rates of assessment on each category of business, or on each
category of business within each zone.



36720.  The city council may levy assessments on businesses or on
property owners, or a combination of the two, pursuant to this part.
The city council shall structure the assessments in whatever manner
it determines corresponds with the distribution of benefits from the
proposed improvements and activities.


36721.  All provisions of this part applicable to the establishment,
modification, or disestablishment of a district apply to the
establishment, modification, or disestablishment of benefit zones or
categories of business. The city council shall, to establish, modify,
or disestablish a benefit zone or category of business, follow the
procedure to establish, modify, or disestablish a district.



36722.  If a district expires due to the time limit set pursuant to
subdivision (h) of Section 36713, a new management district plan may
be created and a new district established pursuant to this part.