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FULL PACKET_2020-09-15
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9/14/2020 9:04:01 AM
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City Clerk
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Agenda Packet
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Clerk of the Council
Date
9/15/2020
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APPENDIX 1— LAW <br />*** THIS DOCUMENT IS CURRENT THROUGH THE 2018 SUPPLEMENT *** <br />(ALL 2017 LEGISLATION) <br />STREETS AND HIGHWAYS CODE <br />DIVISION 18. PARKING <br />PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 <br />CHAPTER 1. General Provisions <br />ARTICLE 1. Declarations <br />36600. Citation of part <br />This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994." <br />36601. Legislative findings and declarations; Legislative guidance <br />The Legislature finds and declares all of the following: <br />(a) Businesses located and operating within business districts in some of this state's communities are <br />economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate <br />facilities, services, and activities in the business districts. <br />(b) It is in the public interest to promote the economic revitalization and physical maintenance of business <br />districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. <br />(c) It is of particular local benefit to allow business districts to fund business related improvements, <br />maintenance, and activities through the levy of assessments upon the businesses or real property that receive <br />benefits from those improvements. <br />(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific <br />benefit upon the businesses in abusiness district are not taxes for the general benefit of a city, even ifproperty, <br />businesses, or persons not assessed receive incidental or collateral effects that benefit them. <br />(e) Property and business improvement districts formed throughout this state have conferred special benefits <br />upon properties and businesses within their districts and have made those properties and businesses more <br />useful by providing the following benefits: <br />(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the <br />incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the <br />30 districts studied. <br />(2) Job creation. <br />(3) Business attraction. <br />(4) Business retention. <br />(5) Economic growth. <br />(6) New investments. <br />(t) With the dissolution of redevelopment agencies throughout the state, property and business improvement <br />districts have become even more important tools with which communities can combat blight, promote <br />economic opportunities, and create a clean and safe environment <br />(g) Since the enactment of this act the people of California have adopted Proposition 218, which added <br />Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, <br />and activities, expenditures, and assessments by property -based districts. Article XIII D of the Constitution <br />provides that property -based districts may only levy assessments for special benefits. <br />(h) The act amending this section is intended to provide the Legislature's guidance with regard to this act its <br />interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits <br />in property -based districts. <br />(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this <br />act which discourages the use of assessments to fund needed improvements, maintenance, and <br />activities in property -based districts, contributing to blight and other underutilization of property. <br />(2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed <br />inherently produce incidental or collateral effects that benefit property or persons not assessed. <br />Therefore, for special benefits to exist as a separate and distinct category from general benefits, the <br />SATMD Management District Plan 13 <br />March 19, 2020 12A-22 <br />
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