SECTIONS 36530-36537

36530.  The city council shall appoint an advisory board which shallmake a recommendation to the city council on the expenditure ofrevenues derived from the levy of assessments pursuant to this part,on the classification of businesses, as applicable, and on the methodand basis of levying the assessments. The city council may designateexisting advisory boards or commissions to serve as the advisoryboard for the area or may create a new advisory board for thatpurpose. The city council may limit membership of the advisory boardto persons paying the assessments under this part. The city councilmay appoint the advisory board prior to adoption of the resolution ofintention to create the area, so that the advisory board mayrecommend the provisions of the resolution of intention.36531.  The city council may exempt a business recently establishedin the area from the levy of the assessments, for a period not toexceed one year from the date the business commenced operating in thearea. The city council shall state its determination to so exemptnew businesses in the resolution of intention to establish the areaand shall reaffirm its determination annually in the resolution ofintention required to be adopted pursuant to Section 36534.36532.  The collection of the assessments levied pursuant to thispart shall be made at the time and in the manner set forth by thecity council in the ordinance establishing the area.36533.  (a) The advisory board shall cause to be prepared a reportfor each fiscal year for which assessments are to be levied andcollected to pay the costs of the improvements and activitiesdescribed in the report. The report may propose changes, including,but not limited to, the boundaries of the parking and businessimprovement area or any benefit zones within the area, the basis andmethod of levying the assessments, and any changes in theclassification of businesses, if a classification is used. (b) The report shall be filed with the clerk and shall refer tothe parking and business improvement area by name, specify the fiscalyear to which the report applies, and, with respect to that fiscalyear, shall contain all of the following: (1) Any proposed changes in the boundaries of the parking andbusiness improvement area or in any benefit zones within the area. (2) The improvements and activities to be provided for that fiscalyear. (3) An estimate of the cost of providing the improvements and theactivities for that fiscal year. (4) The method and basis of levying the assessment in sufficientdetail to allow each business owner to estimate the amount of theassessment to be levied against his or her business for that fiscalyear. (5) The amount of any surplus or deficit revenues to be carriedover from a previous fiscal year. (6) The amount of any contributions to be made from sources otherthan assessments levied pursuant to this part. (c) The city council may approve the report as filed by theadvisory board or may modify any particular contained in the reportand approve it as modified. The city council shall not approve achange in the basis and method of levying assessments that wouldimpair an authorized or executed contract to be paid from therevenues derived from the levy of assessments.36534.  (a) After the approval of the report, the city council shalladopt a resolution of intention to levy an annual assessment forthat fiscal year. The resolution of intention shall do all of thefollowing: (1) Declare the intention of the city council to change theboundaries of the parking and business improvement area, or in anybenefit zone within the area, if the report filed pursuant to Section36533 proposes a change. (2) Declare the intention of the city council to levy and collectassessments within the parking and business improvement area for thefiscal year stated in the resolution. (3) Generally describe the proposed improvements and activitiesauthorized by the ordinance enacted pursuant to Section 36527 and anysubstantial changes proposed to be made to the improvements andactivities. (4) Refer to the parking and business improvement area by name andindicate the location of the area. (5) Refer to the report on file with the clerk for a full anddetailed description of the improvements and activities to beprovided for that fiscal year, the boundaries of the area and anybenefit zones within the area, and the proposed assessments to belevied upon the businesses within the area for that fiscal year. (6) Fix a time and place for a public hearing to be held by thecity council on the levy of the proposed assessment for that fiscalyear. The public hearing shall be held not less than 10 days afterthe adoption of the resolution of intention. (7) State that at the public hearing written and oral protests maybe made. The form and manner of protests shall comply with Sections36524 and 36525. (b) The clerk shall give notice of the public hearing by causingthe resolution of intention to be published once in a newspaper ofgeneral circulation in the city not less than seven days before thepublic hearing.36535.  (a) The city council shall hold the public hearing at thetime and in the place specified in the resolution of intention. Thepublic hearing shall be conducted as provided in Sections 36524 and36525. The city council may continue the public hearing from time totime. (b) During the course or upon the conclusion of the publichearing, the city council may order changes in any of the mattersprovided in the report, including changes in the proposedassessments, the proposed improvements and activities to be fundedwith the revenues derived from the levy of the assessments, and theproposed boundaries of the area and any benefit zones within thearea. The city council shall not change the boundaries to include anyterritory that will not, in its judgment, benefit by the improvementor activity. (c) At the conclusion of the public hearing, the city council mayadopt a resolution confirming the report as originally filed or aschanged by it. The adoption of the resolution shall constitute thelevy of an assessment for the fiscal year referred to in the report. (d) Notwithstanding subdivision (c), if the primary purpose of thearea is promotion of tourism, the city council may adopt aresolution confirming the report as submitted by the advisory board,or may adopt a resolution continuing the program and assessments aslevied in the then current year without change, and that resolutionshall constitute the levy of an assessment for the fiscal yearreferred to in the report. As an alternative, the city council maymodify the report and adopt a resolution confirming the report asmodified, but in that case the city council may adopt the resolutiononly after providing notice of the proposed changes as specified inSection 36523 and only after conducting a public hearing on theresolution as provided in Sections 36524 and 36525.36536.  The assessments levied on businesses pursuant to this partshall be levied on the basis of the estimated benefit to thebusinesses and property within the parking and business improvementarea. The city council may classify businesses for purposes ofdetermining the benefit to a business of the improvements andactivities provided pursuant to this part.36537.  The validity of an assessment levied under this part shallnot be contested in any action or proceeding unless the action orproceeding is commenced within 30 days after the resolution levyingthe assessment is adopted pursuant to Section 36535. Any appeal froma final judgment in an action or proceeding shall be perfected within30 days after the entry of judgment.