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3A Public Hearing 2013 0715
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3A Public Hearing 2013 0715
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9/12/2013 3:13:37 PM
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7/10/2013 5:12:34 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/15/2013
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_CC Agenda 2013 0715 CS+RG
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0715
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\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0715
Reso 2013-102
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\City Clerk\City Council\Resolutions\2013
Supplement 3A Public Hearing 2013 0715 CBD Prop 218 Procedures
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Path:
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<br />26 <br /> <br />Budget Adjustments: <br />Annual budget surpluses, if any, will be rolled into the following year’s budget. Assessments <br />will be set annually, within the constraints of the CPI or land use changes. Revenues from the <br />delinquent accounts may be expended in the year they are received. If the District is not <br />renewed, any remaining funds will be returned to property owners in the proportion by what <br />each property owner paid. <br /> <br />If after the initial term the District decides to renew and if there is money left over from the <br />previous term, the balance of remaining funds will be rolled over into the renewed district. <br />These “rolled over” funds may only be used within the boundaries of the renewed district and <br />cannot be expended for activities, services, or improvements in an area expanded beyond the <br />original District. However, the rolled over funds may be used to finish District Management <br />Corporation activities in the original district. <br /> <br />Time and Manner for Collecting Assessments: <br />The Downtown San Leandro CBD assessments will appear as a separate line item on annual <br />property tax bills prepared by the County of Alameda. The assessments shall be collected at <br />the same time and in the same manner as for the ad valorem property tax paid to the County of <br />Alameda. These assessments shall provide for the same lien priority and penalties for <br />delinquent payment as is provided for the ad valorem property tax. <br /> <br />Any delinquent assessments owed for the first year will be added to the property tax roll for the <br />following year together with any applicable interest and penalties. The “property owner” <br />means any person shown as the owner/taxpayer on the last equalized assessment roll or <br />otherwise known to be the owner/taxpayer by the City. <br /> <br />Disestablishment: <br />California State Law, Section 36670 provides for the disestablishment of a District. Provisions <br />for annual disestablishment of the CBD are provided for in the local CBD ordinance through <br />Section 36600 of the California Streets and Highway Code. Property owners dissatisfied with <br />the results, management or quality of the services may petition the City Council to disestablish <br />the CBD, in the same method in which they petitioned the City Council to establish the District. <br />Section 36670 states: <br /> <br />“2) During the operation of the district, there shall be a 30-day period each year in which assessees may <br />request disestablishment of the district. The first such period shall begin one year after the date of <br />establishment of the district and shall continue for 30 days. The next such 30 -day period shall begin two years <br />after the date of the establishment of the district. Each successive year of operation of the district shall have <br />such a 30-day period. Upon the written petition of the owners of real property or of businesses in the area who <br />pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to <br />disestablish the district. The city council shall notice a hearing on disestablishment. <br /> <br /> (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing <br />required by this section. The resolution shall state the reason for the disestablishment, shall state the time and <br />place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of <br />the assessments levied within the property and business improvement district. The notice of the hearing on
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