Heres the rest of it. ORDINANCE NO. _____ ORDINANCE OF THE CITY OF REDWOOD CITY ADDING A NEW SECTION 31.15 TO CHAPTER 31 OF THE MUNICIPAL CODE RELATING TO THE PROVISION OF IMPROVEMENTS AND ACTIVITIES BY COMMUNITY BENEFIT IMPROVEMENT DISTRICTS NOW, THEREFORE, THE COUNCIL OF THE CITY OF REDWOOD CITY DOES ORDAIN AS FOLLOWS: Section 1. The City Council makes the following findings: 1. The Redwood City Community Benefit Improvement District Procedural Ordinance (Chapter 31 of the Redwood City Municipal Code) (the “Procedural Ordinance”) authorizes the City to establish Community Benefit Improvement Districts (“CBID’s”) and to levy an annual benefit assessment against real property located within each CBID; and 2. Proceeds of the assessment levied in connection with a CBID are used to fund improvements and activities, such as security, safety, sanitation, beautification, and marketing services, that specially benefit assessed property in that CBID; and 3. Streets & Highways Code Sections 36614.5 and 36651, which are incorporated into the Procedural Ordinance by virtue of Section 31.5 of the Procedural Ordinance, contemplate that the City may contract with an “Owner’s Association” to provide the improvements and activities funded by a CBID; and 4. The City Council desires to amend the Procedural Ordinance to clarify the contracting procedures applicable to a contract with an Owner’s Association. Section 2. A new Section 31.15 is hereby added to Chapter 31 of the Redwood City Municipal Code, to read as follows: 31.15 Owner’s Association. 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 ATTY/ORD.406/RC CBID PROCEDURE ORDINANCE AMENTMENT REV: 12-16-14 PT Page 1 of 2District. 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 of this Municipal Code. 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 the Municipal Code or the City Charter. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Redwood City hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable. Section 4. Effective Date and Publication. This ordinance shall take effect thirty (30) days after adoption. Section 5. CEQA. This activity is not a project under CEQA as defined in CEQA Guidelines, section 15378, because this ordinance, if adopted, sets forth a procedural and administrative mechanism relating to assessments and therefore it has no potential for resulting in either a direct or foreseeable physical change in the environment. * * * ATTY/ORD.406/RC CBID PROCEDURE ORDINANCE AMENTMENT REV: 12-16-14 PT Page 2 of 2
Posted on: Tue, 27 Jan 2015 05:27:13 +0000
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