BILL NUMBER: SB 1090 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Governance and Finance (Senators Wolk
(Chair), DeSaulnier, Fuller, Hancock, Hernandez, Huff, Kehoe, La
Malfa, and Liu)
FEBRUARY 15, 2012
An act to amend Section 40471 of the Government Code, and to amend
Sections 36622, 36629, and 36671 of the Streets and Highways Code,
relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 1090, as introduced, Committee on Governance and Finance. Local
government: omnibus bill.
(1) Existing law authorizes the legislative body of a general law
city to impose a sidewalk installation charge, as specified, upon an
affirmative vote of a majority of all of the electors of the city
voting on the proposition at an election called for that purpose. The
California Constitution conditions the imposition of a special tax
on a city, county, or special district upon the approval of 2/3 of
the voters of the city, county, or special district voting on that
tax. Existing law implements this provision of the Constitution.
This bill would require the legislative body of a general law city
to submit a sidewalk installation charge to the voters and receive a
2/3 vote to approve the charge prior to imposing the charge, thereby
conforming these provisions to existing law.
(2) The Property and Business Improvement District Law of 1994,
requires a management district plan for a district to include, among
other things, the improvements and activities proposed for each year
of operation of the district and the maximum cost thereof.
This bill would specify that, if the improvements and activities
proposed for each year of operation of the district are the same,
this requirement may be satisfied if the management plan includes a
description of the first year's proposed improvements and activities
and a statement that the same improvements and activities are
proposed for subsequent years.
The Property and Business Improvement District Law of 1994 also
requires a management district plan for a district to include, among
other things, the total annual amount proposed to be expended for
improvements, maintenance and operations, and debt service in each
year of operation of the district.
The bill would provide that if the total annual amount proposed
to be expended in each year of operation of the district is not
significantly different, the amount proposed to be expended in the
initial year and a statement that a similar amount applies to
subsequent years may satisfy this requirement. This bill would also
authorize this amount to be based upon the assessment rate if the
assessment is levied on businesses.
This bill would also correct an erroneous reference within the
Property and Business Improvement District Law of 1994.
(3) The Property and Business Improvement District Law of 1994
provides that a city council may adopt a resolution for the
disestablishment of a district under specified circumstances.
Existing law requires, upon the disestablishment of a district, any
specified remaining revenues to be refunded to the owners of the
property or businesses then located and operating within the district
in which assessments were levied, as specified.
This bill would additionally provide, upon the expiration without
renewal of the district for the refund of any specified remaining
revenues to the owners of property or businesses then located and
operating within the district in which assessments were levied, as
specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known, and may be cited, as the
Local Government Omnibus Act of 2012.
(b) The Legislature finds and declares that Californians want
their governments to run efficiently and economically and that public
officials should avoid waste and duplication whenever possible. The
Legislature further finds and declares that it desires to control its
own costs by reducing the number of separate bills. Therefore, it is
the intent of the Legislature in enacting this act to combine into a
single measure several minor, noncontroversial statutory changes
relating to the common theme, purpose, and subject of local
government.
SEC. 2. Section 40471 of the Government Code is amended to read:
40471. The special charge described in Section 40470 shall only
be imposed upon an affirmative vote of a majority of all of
the electors of the city voting on the proposition at an election
called for that purpose pursuant to Article 3.5
(commencing with Section 50075) of Chapter 1 of Part 1 of Division 1
of Title 5 . The charge shall be in an amount and for a period
not to exceed five years which shall be stated on the ballot.
SEC. 3. Section 36622 of the Streets and Highways Code is amended
to read:
36622. The management district plan shall contain all of the
following:
(a) If the assessment will be levied on property, a map of the
district in sufficient detail to locate each parcel of property and,
if businesses are to be assessed, each business within the district.
If the assessment will be levied on businesses, a map that identifies
the district boundaries in sufficient detail to allow a business
owner to reasonably determine whether a business is located within
the district boundaries. If the assessment will be levied on property
and businesses, a map of the district in sufficient detail to locate
each parcel of property and to allow a business owner to reasonably
determine whether a business is located within the district
boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the
boundaries of benefit zones, proposed for establishment or extension
in a manner sufficient to identify the affected lands and businesses
included. The boundaries of a proposed property assessment district
shall not overlap with the boundaries of another existing property
assessment district created pursuant to this part. This part does not
prohibit the boundaries of a district created pursuant to this part
to overlap with other assessment districts established pursuant to
other provisions of law, including, but not limited to, the Parking
and Business Improvement Area Law of 1989 (Part 6 (commencing with
Section 36500)). This part does not prohibit the boundaries of a
business assessment district created pursuant to this part to overlap
with another business assessment district created pursuant to this
part. This part does not prohibit the boundaries of a business
assessment district created pursuant to this part to overlap with a
property assessment district created pursuant to this part.
(d) The improvements and activities proposed for each year of
operation of the district and the maximum cost thereof. If the
improvements and activities proposed for each year of operation are
the same, a description of the first year's proposed improvements and
activities and a statement that the same improvements and activities
are proposed for subsequent years shall satisfy the requirements of
this subdivision.
(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. If the assessment is levied
on businesses, this amount may be estimated based upon the assessment
rate. If the total annual amount proposed to be expended in each
year of operation of the district is not significantly different, the
amount proposed to be expended in the initial year and a statement
that a similar amount applies to subsequent years shall satisfy the
requirements of this subdiv ision.
(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 or business owner to calculate the
amount of the assessment to be levied against his or her property or
business. The plan also shall 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 these limitations, a district created pursuant to
this part to finance capital improvements with bonds may levy
assessments until the maximum maturity of the bonds. 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 businesses to be assessed,
including the assessor's parcel numbers for properties to be
assessed, and a statement of the method or methods by which the
expenses of a district will be imposed upon benefited real property
or businesses, in proportion to the benefit received by the property
or 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.
SEC. 4. Section 36629 of the Streets and Highways Code is amended
to read:
36629. All provisions of this part applicable to the
establishment, modification, or disestablishment of a property and
business improvement 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 parking
and business improvement area property and business
improvement district .
SEC. 5. Section 36671 of the Streets and Highways Code is amended
to read:
36671. (a) Upon the disestablishment or expiration without
renewal of a district, any remaining revenues, after all
outstanding debts are paid, derived from the levy of assessments, or
derived from the sale of assets acquired with the revenues, or from
bond reserve or construction funds, shall be refunded to the owners
of the property or businesses then located and operating within the
district in which assessments were levied by applying the same method
and basis that was used to calculate the assessments levied in the
fiscal year in which the district is disestablished or expires
. All outstanding assessment revenue collected after
disestablishment shall be spent on improvements and activities
specified in the management district plan.
(b) If the disestablishment occurs before an assessment is levied
for the fiscal year, the method and basis that was used to calculate
the assessments levied in the immediate prior fiscal year shall be
used to calculate the amount of any refund.