AgdaPkt 2014-04-28 - Laserfiche WebLink

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