36530. The city council shall appoint an advisory board which shall
make a recommendation to the city council on the expenditure of
revenues derived from the levy of assessments pursuant to this part,
on the classification of businesses, as applicable, and on the method
and basis of levying the assessments. The city council may designate
existing advisory boards or commissions to serve as the advisory
board for the area or may create a new advisory board for that
purpose. The city council may limit membership of the advisory board
to persons paying the assessments under this part. The city council
may appoint the advisory board prior to adoption of the resolution of
intention to create the area, so that the advisory board may
recommend the provisions of the resolution of intention.
36531. The city council may exempt a business recently established
in the area from the levy of the assessments, for a period not to
exceed one year from the date the business commenced operating in the
area. The city council shall state its determination to so exempt
new businesses in the resolution of intention to establish the area
and shall reaffirm its determination annually in the resolution of
intention required to be adopted pursuant to Section 36534.
36532. The collection of the assessments levied pursuant to this
part shall be made at the time and in the manner set forth by the
city council in the ordinance establishing the area.
36533. (a) The advisory board shall cause to be prepared a report
for each fiscal year for which assessments are to be levied and
collected to pay the costs of the improvements and activities
described in the report. The report may propose changes, including,
but not limited to, the boundaries of the parking and business
improvement area or any benefit zones within the area, the basis and
method of levying the assessments, and any changes in the
classification of businesses, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to
the parking and business improvement area by name, specify the fiscal
year to which the report applies, and, with respect to that fiscal
year, shall contain all of the following:
(1) Any proposed changes in the boundaries of the parking and
business improvement area or in any benefit zones within the area.
(2) The improvements and activities to be provided for that fiscal
year.
(3) An estimate of the cost of providing the improvements and the
activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient
detail to allow each business owner to estimate the amount of the
assessment to be levied against his or her business for that fiscal
year.
(5) The amount of any surplus or deficit revenues to be carried
over from a previous fiscal year.
(6) The amount of any contributions to be made from sources other
than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the
advisory board or may modify any particular contained in the report
and approve it as modified. The city council shall not approve a
change in the basis and method of levying assessments that would
impair an authorized or executed contract to be paid from the
revenues derived from the levy of assessments.
36534. (a) After the approval of the report, the city council shall
adopt a resolution of intention to levy an annual assessment for
that fiscal year. The resolution of intention shall do all of the
following:
(1) Declare the intention of the city council to change the
boundaries of the parking and business improvement area, or in any
benefit zone within the area, if the report filed pursuant to Section
36533 proposes a change.
(2) Declare the intention of the city council to levy and collect
assessments within the parking and business improvement area for the
fiscal year stated in the resolution.
(3) Generally describe the proposed improvements and activities
authorized by the ordinance enacted pursuant to Section 36527 and any
substantial changes proposed to be made to the improvements and
activities.
(4) Refer to the parking and business improvement area by name and
indicate the location of the area.
(5) Refer to the report on file with the clerk for a full and
detailed description of the improvements and activities to be
provided for that fiscal year, the boundaries of the area and any
benefit zones within the area, and the proposed assessments to be
levied upon the businesses within the area for that fiscal year.
(6) Fix a time and place for a public hearing to be held by the
city council on the levy of the proposed assessment for that fiscal
year. The public hearing shall be held not less than 10 days after
the adoption of the resolution of intention.
(7) State that at the public hearing written and oral protests may
be made. The form and manner of protests shall comply with Sections
36524 and 36525.
(b) The clerk shall give notice of the public hearing by causing
the resolution of intention to be published once in a newspaper of
general circulation in the city not less than seven days before the
public hearing.
36535. (a) The city council shall hold the public hearing at the
time and in the place specified in the resolution of intention. The
public hearing shall be conducted as provided in Sections 36524 and
36525. The city council may continue the public hearing from time to
time.
(b) During the course or upon the conclusion of the public
hearing, the city council may order changes in any of the matters
provided in the report, including changes in the proposed
assessments, the proposed improvements and activities to be funded
with the revenues derived from the levy of the assessments, and the
proposed boundaries of the area and any benefit zones within the
area. The city council shall not change the boundaries to include any
territory that will not, in its judgment, benefit by the improvement
or activity.
(c) At the conclusion of the public hearing, the city council may
adopt a resolution confirming the report as originally filed or as
changed by it. The adoption of the resolution shall constitute the
levy of an assessment for the fiscal year referred to in the report.
(d) Notwithstanding subdivision (c), if the primary purpose of the
area is promotion of tourism, the city council may adopt a
resolution confirming the report as submitted by the advisory board,
or may adopt a resolution continuing the program and assessments as
levied in the then current year without change, and that resolution
shall constitute the levy of an assessment for the fiscal year
referred to in the report. As an alternative, the city council may
modify the report and adopt a resolution confirming the report as
modified, but in that case the city council may adopt the resolution
only after providing notice of the proposed changes as specified in
Section 36523 and only after conducting a public hearing on the
resolution as provided in Sections 36524 and 36525.
36536. The assessments levied on businesses pursuant to this part
shall be levied on the basis of the estimated benefit to the
businesses and property within the parking and business improvement
area. The city council may classify businesses for purposes of
determining the benefit to a business of the improvements and
activities provided pursuant to this part.
36537. The validity of an assessment levied under this part shall
not be contested in any action or proceeding unless the action or
proceeding is commenced within 30 days after the resolution levying
the assessment is adopted pursuant to Section 36535. Any appeal from
a final judgment in an action or proceeding shall be perfected within
30 days after the entry of judgment.
36530. The city council shall appoint an advisory board which shall
make a recommendation to the city council on the expenditure of
revenues derived from the levy of assessments pursuant to this part,
on the classification of businesses, as applicable, and on the method
and basis of levying the assessments. The city council may designate
existing advisory boards or commissions to serve as the advisory
board for the area or may create a new advisory board for that
purpose. The city council may limit membership of the advisory board
to persons paying the assessments under this part. The city council
may appoint the advisory board prior to adoption of the resolution of
intention to create the area, so that the advisory board may
recommend the provisions of the resolution of intention.
36531. The city council may exempt a business recently established
in the area from the levy of the assessments, for a period not to
exceed one year from the date the business commenced operating in the
area. The city council shall state its determination to so exempt
new businesses in the resolution of intention to establish the area
and shall reaffirm its determination annually in the resolution of
intention required to be adopted pursuant to Section 36534.
36532. The collection of the assessments levied pursuant to this
part shall be made at the time and in the manner set forth by the
city council in the ordinance establishing the area.
36533. (a) The advisory board shall cause to be prepared a report
for each fiscal year for which assessments are to be levied and
collected to pay the costs of the improvements and activities
described in the report. The report may propose changes, including,
but not limited to, the boundaries of the parking and business
improvement area or any benefit zones within the area, the basis and
method of levying the assessments, and any changes in the
classification of businesses, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to
the parking and business improvement area by name, specify the fiscal
year to which the report applies, and, with respect to that fiscal
year, shall contain all of the following:
(1) Any proposed changes in the boundaries of the parking and
business improvement area or in any benefit zones within the area.
(2) The improvements and activities to be provided for that fiscal
year.
(3) An estimate of the cost of providing the improvements and the
activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient
detail to allow each business owner to estimate the amount of the
assessment to be levied against his or her business for that fiscal
year.
(5) The amount of any surplus or deficit revenues to be carried
over from a previous fiscal year.
(6) The amount of any contributions to be made from sources other
than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the
advisory board or may modify any particular contained in the report
and approve it as modified. The city council shall not approve a
change in the basis and method of levying assessments that would
impair an authorized or executed contract to be paid from the
revenues derived from the levy of assessments.
36534. (a) After the approval of the report, the city council shall
adopt a resolution of intention to levy an annual assessment for
that fiscal year. The resolution of intention shall do all of the
following:
(1) Declare the intention of the city council to change the
boundaries of the parking and business improvement area, or in any
benefit zone within the area, if the report filed pursuant to Section
36533 proposes a change.
(2) Declare the intention of the city council to levy and collect
assessments within the parking and business improvement area for the
fiscal year stated in the resolution.
(3) Generally describe the proposed improvements and activities
authorized by the ordinance enacted pursuant to Section 36527 and any
substantial changes proposed to be made to the improvements and
activities.
(4) Refer to the parking and business improvement area by name and
indicate the location of the area.
(5) Refer to the report on file with the clerk for a full and
detailed description of the improvements and activities to be
provided for that fiscal year, the boundaries of the area and any
benefit zones within the area, and the proposed assessments to be
levied upon the businesses within the area for that fiscal year.
(6) Fix a time and place for a public hearing to be held by the
city council on the levy of the proposed assessment for that fiscal
year. The public hearing shall be held not less than 10 days after
the adoption of the resolution of intention.
(7) State that at the public hearing written and oral protests may
be made. The form and manner of protests shall comply with Sections
36524 and 36525.
(b) The clerk shall give notice of the public hearing by causing
the resolution of intention to be published once in a newspaper of
general circulation in the city not less than seven days before the
public hearing.
36535. (a) The city council shall hold the public hearing at the
time and in the place specified in the resolution of intention. The
public hearing shall be conducted as provided in Sections 36524 and
36525. The city council may continue the public hearing from time to
time.
(b) During the course or upon the conclusion of the public
hearing, the city council may order changes in any of the matters
provided in the report, including changes in the proposed
assessments, the proposed improvements and activities to be funded
with the revenues derived from the levy of the assessments, and the
proposed boundaries of the area and any benefit zones within the
area. The city council shall not change the boundaries to include any
territory that will not, in its judgment, benefit by the improvement
or activity.
(c) At the conclusion of the public hearing, the city council may
adopt a resolution confirming the report as originally filed or as
changed by it. The adoption of the resolution shall constitute the
levy of an assessment for the fiscal year referred to in the report.
(d) Notwithstanding subdivision (c), if the primary purpose of the
area is promotion of tourism, the city council may adopt a
resolution confirming the report as submitted by the advisory board,
or may adopt a resolution continuing the program and assessments as
levied in the then current year without change, and that resolution
shall constitute the levy of an assessment for the fiscal year
referred to in the report. As an alternative, the city council may
modify the report and adopt a resolution confirming the report as
modified, but in that case the city council may adopt the resolution
only after providing notice of the proposed changes as specified in
Section 36523 and only after conducting a public hearing on the
resolution as provided in Sections 36524 and 36525.
36536. The assessments levied on businesses pursuant to this part
shall be levied on the basis of the estimated benefit to the
businesses and property within the parking and business improvement
area. The city council may classify businesses for purposes of
determining the benefit to a business of the improvements and
activities provided pursuant to this part.
36537. The validity of an assessment levied under this part shall
not be contested in any action or proceeding unless the action or
proceeding is commenced within 30 days after the resolution levying
the assessment is adopted pursuant to Section 36535. Any appeal from
a final judgment in an action or proceeding shall be perfected within
30 days after the entry of judgment.
36530. The city council shall appoint an advisory board which shall
make a recommendation to the city council on the expenditure of
revenues derived from the levy of assessments pursuant to this part,
on the classification of businesses, as applicable, and on the method
and basis of levying the assessments. The city council may designate
existing advisory boards or commissions to serve as the advisory
board for the area or may create a new advisory board for that
purpose. The city council may limit membership of the advisory board
to persons paying the assessments under this part. The city council
may appoint the advisory board prior to adoption of the resolution of
intention to create the area, so that the advisory board may
recommend the provisions of the resolution of intention.
36531. The city council may exempt a business recently established
in the area from the levy of the assessments, for a period not to
exceed one year from the date the business commenced operating in the
area. The city council shall state its determination to so exempt
new businesses in the resolution of intention to establish the area
and shall reaffirm its determination annually in the resolution of
intention required to be adopted pursuant to Section 36534.
36532. The collection of the assessments levied pursuant to this
part shall be made at the time and in the manner set forth by the
city council in the ordinance establishing the area.
36533. (a) The advisory board shall cause to be prepared a report
for each fiscal year for which assessments are to be levied and
collected to pay the costs of the improvements and activities
described in the report. The report may propose changes, including,
but not limited to, the boundaries of the parking and business
improvement area or any benefit zones within the area, the basis and
method of levying the assessments, and any changes in the
classification of businesses, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to
the parking and business improvement area by name, specify the fiscal
year to which the report applies, and, with respect to that fiscal
year, shall contain all of the following:
(1) Any proposed changes in the boundaries of the parking and
business improvement area or in any benefit zones within the area.
(2) The improvements and activities to be provided for that fiscal
year.
(3) An estimate of the cost of providing the improvements and the
activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient
detail to allow each business owner to estimate the amount of the
assessment to be levied against his or her business for that fiscal
year.
(5) The amount of any surplus or deficit revenues to be carried
over from a previous fiscal year.
(6) The amount of any contributions to be made from sources other
than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the
advisory board or may modify any particular contained in the report
and approve it as modified. The city council shall not approve a
change in the basis and method of levying assessments that would
impair an authorized or executed contract to be paid from the
revenues derived from the levy of assessments.
36534. (a) After the approval of the report, the city council shall
adopt a resolution of intention to levy an annual assessment for
that fiscal year. The resolution of intention shall do all of the
following:
(1) Declare the intention of the city council to change the
boundaries of the parking and business improvement area, or in any
benefit zone within the area, if the report filed pursuant to Section
36533 proposes a change.
(2) Declare the intention of the city council to levy and collect
assessments within the parking and business improvement area for the
fiscal year stated in the resolution.
(3) Generally describe the proposed improvements and activities
authorized by the ordinance enacted pursuant to Section 36527 and any
substantial changes proposed to be made to the improvements and
activities.
(4) Refer to the parking and business improvement area by name and
indicate the location of the area.
(5) Refer to the report on file with the clerk for a full and
detailed description of the improvements and activities to be
provided for that fiscal year, the boundaries of the area and any
benefit zones within the area, and the proposed assessments to be
levied upon the businesses within the area for that fiscal year.
(6) Fix a time and place for a public hearing to be held by the
city council on the levy of the proposed assessment for that fiscal
year. The public hearing shall be held not less than 10 days after
the adoption of the resolution of intention.
(7) State that at the public hearing written and oral protests may
be made. The form and manner of protests shall comply with Sections
36524 and 36525.
(b) The clerk shall give notice of the public hearing by causing
the resolution of intention to be published once in a newspaper of
general circulation in the city not less than seven days before the
public hearing.
36535. (a) The city council shall hold the public hearing at the
time and in the place specified in the resolution of intention. The
public hearing shall be conducted as provided in Sections 36524 and
36525. The city council may continue the public hearing from time to
time.
(b) During the course or upon the conclusion of the public
hearing, the city council may order changes in any of the matters
provided in the report, including changes in the proposed
assessments, the proposed improvements and activities to be funded
with the revenues derived from the levy of the assessments, and the
proposed boundaries of the area and any benefit zones within the
area. The city council shall not change the boundaries to include any
territory that will not, in its judgment, benefit by the improvement
or activity.
(c) At the conclusion of the public hearing, the city council may
adopt a resolution confirming the report as originally filed or as
changed by it. The adoption of the resolution shall constitute the
levy of an assessment for the fiscal year referred to in the report.
(d) Notwithstanding subdivision (c), if the primary purpose of the
area is promotion of tourism, the city council may adopt a
resolution confirming the report as submitted by the advisory board,
or may adopt a resolution continuing the program and assessments as
levied in the then current year without change, and that resolution
shall constitute the levy of an assessment for the fiscal year
referred to in the report. As an alternative, the city council may
modify the report and adopt a resolution confirming the report as
modified, but in that case the city council may adopt the resolution
only after providing notice of the proposed changes as specified in
Section 36523 and only after conducting a public hearing on the
resolution as provided in Sections 36524 and 36525.
36536. The assessments levied on businesses pursuant to this part
shall be levied on the basis of the estimated benefit to the
businesses and property within the parking and business improvement
area. The city council may classify businesses for purposes of
determining the benefit to a business of the improvements and
activities provided pursuant to this part.
36537. The validity of an assessment levied under this part shall
not be contested in any action or proceeding unless the action or
proceeding is commenced within 30 days after the resolution levying
the assessment is adopted pursuant to Section 36535. Any appeal from
a final judgment in an action or proceeding shall be perfected within
30 days after the entry of judgment.
