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7.4.A. - Page 1 <br /> REPORT <br /> To the Honorable Mayor and City Council <br /> From the City Manager <br /> March 24, 2014 <br /> SUBJECT <br /> An Ordinance Establishing Community Benefit Improvement Districts in the City of <br /> Redwood City <br /> RECOMMENDATION <br /> 1. Waive first reading and introduce an Ordinance Adding a New Chapter 31 Relating <br /> to the Establishment of Community Benefit Improvement Districts and Adopting by <br /> Reference Provisions of the Property and Business Improvement Law of 1994 (Cal. <br /> Streets & Highways Code §36600, et. seq.); and <br /> 2. Set a Public Hearing on the adoption of this ordinance for April 28, 2014. <br /> BACKGROUND <br /> This ordinance came before the City Council at the March 10, 2014 Council meeting. <br /> This ordinance is being reset for a first reading for two reasons: (1) to further clarify in <br /> the ordinance the City's authority to adopt an ordinance having a different method of <br /> levying assessments than state law; and (2) to adopt the ordinance by reference <br /> inasmuch as the ordinance incorporates state law which requires that the 2nd reading be <br /> held as a public hearing. <br /> ANALYSIS <br /> Pursuant to Article XI, Section 5 of the California Constitution, the City, as a charter city, <br /> may make and enforce all ordinances and regulations with respect to municipal affairs <br /> and the creation of an assessment district to fund improvements and activities of a local <br /> nature is a quintessential municipal affair requiring no specific charter authority. The <br /> Property and Business Improvement District Law (PBID) of 1994 (Cal. Streets and <br /> Highways Code, §36600, et. seq.) acknowledges this authority stating: that "nothing...is <br /> intended to preempt the authority of a charter city to adopt an ordinance providing for a <br /> different method of levying assessments for similar or additional purposes from those <br /> set forth in this part." (§36603) Further, Redwood City Charter Section 74 authorizes the <br /> City to approve assessment districts by following the procedures in state law, but also <br /> specifically authorizes the Council to instead adopt a procedure to construct public <br /> improvements that is different than state law. The Charter is silent as to assessments <br />