Resolution No.
STOCKTON CITY COUNCIL
FORMATION OF THE MIRACLE MILE COMMUNITY IMPROVEMENT DISTRICT The Property and Business Improvement District (“PBID”) Law of 1994, Streets and Highways Code section 36600 et seq., authorizes cities to establish property and business improvement districts upon petition by a weighted majority of property owners within the proposed district and by affirmative ballot; and The City of Stockton Community Improvement District Ordinance, Stockton Municipal Code section 3.96.010 et seq., creates additional and alternative assessment district procedures to those provided under the PBID Law, called Community Improvement Districts (CID); and The formation of a CID is authorized under the City of Stockton’s Community Improvement District Ordinance 2022-03-12-1211. The levy of assessments on real property within the proposed district will support activities and improvements for the assessed properties, including enhanced security and maintenance, landscape beautification, advocacy services, marketing, events, and administration throughout the district; and The required threshold of property owners subject to assessment, weighted according to the amount of assessment to be paid by each property owner, have petitioned the City Council for the formation of the Miracle Mile Community Improvement District (“MMCID”) pursuant to the City of Stockton Community Improvement District Ordinance; and On July 12, 2022, the City Council adopted Resolution No. 2022-07-12-1203, which was the Resolution of Intention to form the MMCID; and On September 13, 2022, the City Council conducted a public hearing at the Council Meeting beginning at 5:30 PM at 425 N. El Dorado Street, 2nd Floor, Stockton, CA 95202, with respect to the formation of the MMCID; and All protests made or filed were duly heard, evidence for and against the proposed action was received, and a full, fair and complete hearing was granted and held; and Pursuant to California Constitution Article XIII D, ballots were mailed to property owners within the boundaries of the proposed MMCID, and, among those ballots returned to the City, a weighted majority of the property owners within the MMCID have approved formation of the MMCID; and A detailed Engineer’s Report prepared by a registered professional engineer certified by the State of California, Edward V. Henning, in support of the MMCID’s assessments, has been prepared, is incorporated in the Management District Plan, and is on file with the Office of the City Clerk and is incorporated herein by this reference (“Engineer’s Report”); now, therefore, //
BE it resolved by THE City Council OF THE City OF Stockton, as follows:
1. Recitals. The recitals set forth herein are true and correct.
2. Formation and Assessment Levy. The Miracle Mile Community Improvement District No. 2022-01 is hereby formed and the annual assessment is hereby levied for each year of the entire term of the MMCID. The initial annual assessment for 2023 will total approximately $230,550.
3. Boundary Map. The assessment shall be imposed on properties within the MMCID. The boundaries of the MMCID are shown on Exhibit 1, incorporated by this reference.
4. Management Plan and Engineer’s Report. The Management District Plan and the Engineer’s Report in Exhibit 2, incorporated by this reference are hereby approved.
5. Assessment. Assessment rates may be subject to yearly increases not to exceed five percent (5%) per year and shall not exceed the actual increases in costs and services. The assessment will be imposed on real property at the following rates:
Property VariableZone 1Zone 2Zone 3Zone 4Building Square Footage$0.13$0.07$0.11N/ALot/Parcel Size$0.13$0.07$0.11N/ALinear FrontageN/AN/AN/A$2.00Property VariableZone 1Zone 2Zone 3Zone 4Building Square Footage$0.13$0.07$0.11N/ALot/Parcel Size$0.13$0.07$0.11N/ALinear FrontageN/AN/AN/A$2.00 Property Variable
Zone 1
Zone 2
Zone 3
Zone 4
Building Square Footage
$0.13
$0.07
$0.11
N/A
Lot/Parcel Size
$0.13
$0.07
$0.11
N/A
Linear Frontage
N/A
N/A
N/A
$2.00
Property Variable
Zone 1
Zone 2
Zone 3
Zone 4
Building Square Footage
$0.13
$0.07
$0.11
N/A
Lot/Parcel Size
$0.13
$0.07
$0.11
N/A
Linear Frontage
N/A
N/A
N/A
$2.00
6. Assessment Roll. The Assessment Roll for the Miracle Mile Community Improvement District has been filed with the City Clerk, and is hereby approved.
7. Assessment Collection. The assessments shall be collected in accordance with section 36631 of the Streets and Highways Code.
8. Assessment Activity. The assessment levied for the MMCID shall be applied towards enhanced maintenance, safety, marketing, management, and advocacy services that will be provided directly and only to assessed parcels.
9. Bonds. Bonds shall not be issued.
10. Streets and Highways Code. Properties within the District are subject to any amendments to Part 7 (commencing with 36600) to Division 18 of the Streets and Highways Code not in conflict with the City of Stockton Community Improvement District Ordinance.
11. Improvements and Activities. The improvements, maintenance, and activities to be provided in the District will be funded by the levy of the assessments specified in the assessment roll. The revenue from the levy of such assessments shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the Resolution of Intention and Management District Plan. Notwithstanding the foregoing, improvements, maintenance, and activities that must be provided outside the MMCID boundaries to create a special benefit to the assessed parcels may be provided but shall be limited to marketing or signage pointing to the MMCID.
12. Property Benefit. All assessed property within the MMCID will be benefited specially and directly by the improvements, maintenance, and activities funded by the assessments proposed to be levied.
13. Necessary Actions. The City Clerk is directed to take all necessary actions to complete the establishment of the MMCID. The City Clerk is directed to record in the County Recorder’s Office a notice and assessment diagram as required by Streets and Highways Code section 36627.
14. Validity. If any section, subsection, sentence, clause or phrase of this resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the resolution. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phases hereof be declared invalid or unconstitutional.
15. Effectiveness. This resolution shall take effect immediately.
16. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED September 13, 2022 .
_________________________
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
__________________________
Eliza R. Garza, CMC
City Clerk of the City of Stockton
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