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8.A. - Page 2 <br /> for activities and services. However, the general authority found in Section 3 of <br /> the Charter grants the City all the powers of any general law city and also all the <br /> powers of Charter cities. Therefore, so long as the Charter does not contain <br /> restrictions as to the levy of assessments for services and activities, the City may <br /> levy such assessments. Section 53 of the Charter, relating to the assessment, <br /> equalization, levy, and collection of taxes" is not applicable to the levy of a benefit <br /> assessment against real property, as fees and benefit assessments are not taxes. <br /> The proposed ordinance has been slightly modified since it was last <br /> introduced: <br /> (a) New findings and some adjustments have been made to clarify that the <br /> Charter provides authority for adoption of procedures for a Community <br /> Benefit Improvement District. <br /> (b) A new section 31.14 was added which provides that action to levy an <br /> assessment shall be taken by ordinance; however, if the amount of the <br /> assessment does not change, it may be adopted by resolution in <br /> subsequent years. <br /> The background and explanation of the proposed ordinance is contained in the <br /> March 10, 2014 staff report. <br /> ALTERNATIVES <br /> Council may choose to not adopt the ordinance or may make other changes to the <br /> ordinance. <br /> FISCAL IMPACT <br /> There is no fiscal impact to establishing an enabling ordinance under the City <br /> Charter for the formation of a Community Benefit District. <br /> ENVIRONMENTAL REVIEW <br /> This activity is not a project under CEQA as defined in CEQA Guidelines, <br /> section 15378, because this ordinance, if adopted, sets forth a procedural and <br /> administrative mechanism relating to assessments and therefore it has no potential <br /> for resulting in either a direct or foreseeable physical change in the environment. <br /> ROBERT B. BELL <br /> CITY MANAGER <br />