Redwood City Municipal Code § 31.2 Authority

Footnotes:

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Editor's note— Ord. No. 2405, § 2, adopted April 29, 2014, set out provisions for use herein as Ch. 31. Prior to the adoption of those provisions Ord. No. 2054, § 9, adopted November 2, 1992 repealed Ch. 31, §§ 31.1—31.7, which pertained to swimming pool regulations and was derived from Ord. No. 994, §§ 1—5.

This Chapter may be cited as the "Redwood City Community Benefit Improvement District Procedural Ordinance."

(Ord. No. 2405, § 2, 4-29-14)

This Chapter is adopted pursuant to Section 3 of the City Charter, which provides that the City shall and may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever.

(Ord. No. 2405, § 2, 4-29-14)

This Chapter provides a procedure for the establishment of assessment districts that is separate from, and alternative to, other procedures existing under state or municipal law. This Chapter does not prohibit the City Council from establishing an assessment district or conducting proceedings for such district under any other procedure authorized by law.

(Ord. No. 2405, § 2, 4-29-14)

The City Council may establish a Community Benefit Improvement District and levy assessments in connection with such a District pursuant to this Chapter.

(Ord. No. 2405, § 2, 4-29-14)

This Chapter incorporates the Property and Business Improvement District Law of 1994 (Streets & Highways Code §§ 36600 et seq.), which is referred to in the Chapter as the "PBID Law". In connection with such incorporation, all references in the PBID Law to a "District" or a "Property and Business Improvement District" shall be interpreted as references to a Community Benefit Improvement District. Except where a provision of the PBID Law is inconsistent with a provision of this Chapter, all provisions of the PBID law shall apply to the establishment and operation of any Community Benefit Improvement District established pursuant to this Chapter. In the event of a conflict between the provisions of this Chapter and those of the PBID Law, the provisions in this Chapter shall prevail.

(Ord. No. 2405, § 2, 4-29-14)

Notwithstanding the requirements of Section 36632 of the PBID Law, any parcel of real property, regardless of the zoning of such parcel, may be included in a Community Benefit Improvement District and subject to an assessment in connection therewith, so long as such parcel specially benefits from the services and improvements funded by that District.

(Ord. No. 2405, § 2, 4-29-14)

Only assessments against real property may be levied in connection with a Community Benefit Improvement District.

(Ord. No. 2405, § 2, 4-29-14)

In lieu of the requirements of Section 36621(a) of the PBID Law, the City Council may initiate proceedings to form a Community Benefit Improvement District upon the submission of a written petition, signed by property owners in the proposed district who will pay more than thirty percent (30%) of the assessments proposed to be levied in connection with such district. The amount of assessment attributable to property owned by the same property owner that is in excess of twenty percent (20%) of the amount of all assessments proposed to be levied shall not be included in determining whether the petition is signed by property owners who will pay more than thirty percent (30%) of the total amount of assessments proposed to be levied.

(Ord. No. 2405, § 2, 4-29-14)

If so provided in the management district plan for a Community Benefit Improvement District, the assessment levied in connection with such a District may include amounts sufficient to recover the costs incurred in forming the District, including:

1. The costs of preparation of the management district plan required by the PBID Law and engineer's report required by Article XIIID, § 4 of the California Constitution;

2. The cost of preparing, circulating and submitting the petition to the City Council seeking establishment of the District;

3. The costs of printing, advertising and the giving of published, posted or mailed notices;

4. Compensation of any consultant, engineer or attorney employed to render services in proceedings under this chapter or the PBID Law; and

5. Costs incurred by the City for public hearings, notices, ballots and other proceedings required by law for approval of a new or increased assessment.

The management district plan shall specify the formation costs eligible for recovery through assessments, the schedule for recovery of those costs, and the basis for determining the amount of the additional assessment for recovery of costs, including the maximum amount of the additional assessment, expressed either as a dollar amount, or as a percentage of the underlying assessment.

(Ord. No. 2405, § 2, 4-29-14)

The City Council may, in the Resolution of Intention for creating a Community Benefit Improvement District, provide that if the District is established, funds may be advanced from the City's general fund to permit the operation of the District prior to the City's collection of the assessment. Such advance shall occur only after the establishment of the District, and no advance shall be made if the District is not established. Any such advance may not exceed the total anticipated assessment proceeds for the first year of the assessment. Any such advance must be recovered from assessment proceeds as provided in the Resolution of Intention, along with interest calculated at a rate set forth in the Resolution of Intention. The duration of any such advance shall not exceed five (5) years.

(Ord. No. 2405, § 2, 4-29-14)

The duration of a new Community Benefit Improvement District shall be no greater than specified in the Resolution of Intention for the District, and shall in no event be in excess of twenty (20) years. This Section is intended to supplant any shorter limitation set forth in the PBID Law on the duration of assessments levied in connection with an assessment district.

(Ord. No. 2405, § 2, 4-29-14)

A Community Benefit Improvement District may be renewed for a period of not to exceed twenty (20) additional years by following the procedures set forth in Section 36660 of the PBID Law.

(Ord. No. 2405, § 2, 4-29-14)

The City Council may, on its own initiative, at any time adopt a Resolution of Intention to disestablish a Community Benefit Improvement District and shall adopt such a resolution if, during the annual thirty (30) day period set forth in Section 36670(a)(2) of the PBID Law, the City Council receives a written petition requesting disestablishment signed by property owners who pay more than thirty percent (30%) of the assessments levied in connection with the district. This section provides alternative method for the initiation of proceedings to disestablish a Community Benefit Improvement District and shall not be interpreted to preempt the existence of other methods set forth in Section 36670(a)(2) of the PBID Law. A Resolution of Intention adopted pursuant to this section shall have the same effect, and trigger the same notice and hearing requirements, as a Resolution of Intention otherwise adopted pursuant to Section 36670 of the PBID Law.

(Ord. No. 2405, § 2, 4-29-14)

Any action of the City Council that levies an assessment pursuant to this Chapter, or that changes the method and basis of levying such an assessment, shall be taken by ordinance. Where the PBID Law specifies that action be taken by adoption of a resolution containing certain information and ordering certain actions, the adoption of an ordinance containing that same information and ordering those same actions shall be sufficient to satisfy the requirements of the PBID Law. Adoption of an ordinance of formation pursuant to Section 36625 of the PBID Law shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan; however, each year's levy shall be conditioned on the approval, by resolution or ordinance, of a report pursuant to Section 36650 of the PBID Law. The approval of such a report is at the discretion of the Council.

(Ord. No. 2405, § 2, 4-29-14)

The City may contract with an Owner's Association, as defined in Section 36614.5 of the PBID Law, to provide the improvements and activities described in the management district plan for a Community Benefit Improvement District. Any such contract must be approved by the City Council, but such a contract shall not be subject to the requirements of Article VII of Chapter 2. Any such contract shall require that assessment proceeds be expended by the Owner's Association only in a manner that is consistent with the requirements of this Chapter, the provisions of the management district plan for the Community Benefit Improvement District, and the City Council actions establishing and otherwise relating to the Community Benefit Improvement District. As an Owner's Association is a private entity, independent from the City, any Owner's Association shall be subject to the requirements of its contract with the City, but shall not be treated as a subdivision of the City for the purposes of any provision of this Code or the City Charter.

(Ord. No. 2411, § 2, 1-26-15)