HomeMy WebLinkAboutReso 2015-030 - Downtown Redding Business Improvement DistrictRESOLUTION NO. 2015-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING ITS INTENTION TO DISESTABLISH THE DOWNTOWN
REDDING BUSINESS IMPROVEMENT DISTRICT AND FIXING THE
TIME AND PLACE OF A PUBLIC MEETING AND HEARING THEREON
AND GIVING NOTICE THEREOF
WHEREAS, the Downtown Redding Business Improvement District ("DRBID") was
formed under the Parking and Business Improvement Area Law ("1989 Act") under Streets and
Highways Code § 36500 et seq.
WHEREAS, the City Council of the City of Redding adopted Chapter 6.39 of the Redding
Municipal Code ("RMC") in accordance with Streets and Highways Code § 36527.
WHEREAS, pursuant to Streets and Highways Code § 36530 and RMC 6.39.030, the
Downtown Redding Business Association ("DRBA") was appointed as advisory board to make
recommendations to the City Council as to the expenditures of revenues derived from assessments
levied pursuant to the Act and Chapter 6.39 of the RMC.
WHEREAS, at a duly noticed and agendized regular meeting of the City Council on
March 17, 2015, the City Council adopted Resolution 2015-020, thereby confirming the annual
report submitted by the DRBA and establishing the annual levy of assessments for the DRBID
during fiscal year 2015-2016.
WHEREAS, the DRBID was formed by incorporating elements of the 1989 Law and the
Property and Business Improvement District Law of 1994 (Streets and Highways Code § 36600 et
seq.).
WHEREAS, the DRBID is therefore not fully compliant with the 1989 Act and the
Property or. Business Improvement District Law of 1994 ("1994 Act") and has thereby caused
confusion and contributed to issues relating to governance.
WHEREAS, the electorate of the State of California adopted Proposition 26 on November
2, 2010.
WHEREAS, Proposition 26 defined a "tax", in pertinent part, as "any levy, charge or
exaction of any kind imposed by a local government".
WHEREAS, Proposition 26 exempts from the definition of "tax" any fee imposed by
local government that provides a special benefit to the person paying the fee.
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WHEREAS, RMC 6.39.080.D limits the City Council's ability to comply with
Proposition 26 should any proposed improvement or benefit not directly and specifically benefit C
those assessed.
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WHEREAS, for the aforementioned legal reasons, it is necessary and prudent to set a LA)
public hearing to consider disestablishment of the DRBID pursuant to Streets and Highways Code C
§ 36523.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
1. The recitals set forth herein are true and correct.
2. The City Council's action pursuant to Resolution 2015-020 to order the annual levy of
assessments for the DRBID during fiscal year 2015-2016 is held in abeyance pending
further consideration of disestablishment of the DRBID.
3. The City Council declares its intention to disestablish the DRBID.
4. The time and place for the public hearing to disestablish the DRBID and consider an
ordinance to repeal Chapter 6.39 of the RMC is set for May 5, 2015, at 6:00 p.m, or as soon
thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress
Avenue, Redding, California.
5. The City Clerk is directed to publish this Resolution in a newspaper of general circulation
and provide written, mailed notice to the businesses subject to assessment under Chapter
6.39 of the RMC pursuant to Streets and Highways Code § 36523. A copy of this
Resolution of Intention shall be included with the mailed notice.
6. This resolution shall take effect immediately upon its adoption by the City Council.
I HEREBY CERTIFY that the foregoing resolution of intention was introduced and
adopted at a regular meeting of the City Council on the 7th day of April, 2015, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Y
,;A'1 TEST:
VA ME-LA-IM1Zft, riV y Clerk
Schreder, Weaver, & Sullivan
Cadd
McArthur
None
RA CIE SULLIVAN, Mayor
FORM APPROVED:
W. LEONARD WING E
Interim City Attorne
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