§65.0202 Definitions
Each word or phrase that is defined in this Division appears in italicized letters. For purposes of this Division, the following definitions shall apply:
“Activities” means, but is not limited to, all of the following that benefit properties in the district:
(a) Promotion of district events;
(b) Furnishing of music, programming, entertainment, or public art within the district;
(c) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, landscaping, management of public spaces and other such services supplemental to those normally provided by the City; and
(d) Other services provided for the purpose of conferring special benefit upon assessed property located in the district, including administrative expenses.
“Administrative expense” includes all incidental and personnel expenses incurred as a result of managing the district, including but not limited to district formation, assessment engineering, annual reporting, budget preparation and monitoring, assessment levying, invoicing, collections, information technology, communications equipment, contract procurement, vendor invoice payments, inspection of improvements and activities as required by contract, personnel, preparation and routing of requests for Council action, legal assistance, rent, office space, miscellaneous office expenses (i.e., supplies and utilities), and any related overhead or supervisory function incurred by the City or owners’ association.
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties located within a district. Assessments levied under this Division are not special taxes.
“Assessment engineer” means an engineer registered pursuant to the Professional Engineers Act (Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code) hired by a district formation committee or the City to prepare an engineer’s report.
“District” means an area established, and not dissolved, pursuant to this Division, within which property owners pay assessments to fund improvements and activities. “District management plan” means a plan that outlines the framework of the district and shall include, but is not limited to, all of the following:
(a) A map of the proposed district in sufficient detail to allow property owners to reasonably determine whether a property 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 any benefit zones;
(d) The improvements and activities proposed for the district and the maximum cost thereof;
(e) The proposed source or sources of financing;
(f) Any proposed rules and regulations to be applicable to the district, including whether the City or an owners’ association will administer the district;
(g) A list of the properties proposed to be assessed, including the assessor’s parcel numbers; and
(h) Any other item or matter required by the City to be incorporated into the district management plan.
“Engineer’s Report” means a report prepared by an assessment engineer in accordance with article XIII D, section 4(b) of the California Constitution, and shall include, but is not limited to:
(a) The method and basis of levying the assessment in sufficient detail to allow each property owner to calculate the amount of the assessment to be levied against their property;
(b) The proportionate special benefit derived by each property;
(c) The total amount of all special benefit to be conferred upon the properties; and
(d) The total amount of general benefit.
“Existing district” means a district established prior to July 1, 2016.
“Fiscal Year” means a twelve-month period commencing on July 1 and ending on the following June 30.
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property including, but not limited to, the following:
(a) Parking facilities;
(b) Benches, booths, kiosks, display cases, pedestrian shelters, and signs;
(c) Trash receptacles and public restrooms;
(d) Lighting and heating facilities;
(e) Decorations;
(f) Parks and public spaces;
(g) Fountains and monuments;
(h) Planting areas;
(i) Closing, opening, widening, or narrowing of existing streets;
(j) Facilities or equipment, or both, to enhance security of persons and property within the area;
(k) Ramps, sidewalks, plazas, and pedestrian malls;
(l) Rehabilitation or removal of existing structures; and
(m) Design, construction and maintenance of community signs.
“Owners’ association” means a private non-profit entity which represents, and whose membership includes, the assessed property owners or property owners’ representatives in a district. An owners’ association may be an existing non-profit entity or a newly formed non-profit entity.
“Property” means real property situated within a district.
“Property owner” or “owner” means any person or entity shown as the owner of property on the last equalized secured property tax assessment roll or otherwise known by the City to be the current owner of property.
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on properties located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from certain improvements or activities of districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
(Amended 5-6-2003 by O-19169 N.S.)
(Amended 6-1-2016 by O-20653 N.S.; effective 7-1-2016.)
