Report Prepared by: Ken Elwin, Director of Public Works Department
Title
SUBJECT: Public Hearing Assessment Ballot Proceeding - Oakmont #3, Campus North, and Mansionette Maintenance Districts
REPORT IN BRIEF
Consider conducting a public hearing to hear public testimony regarding proposed assessment increases, and continue hearing to allow staff sufficient time to tally the ballots, and report the results at the February 21, 2017 Council meeting.
RECOMMENDATION
City Council - Adopt a motion:
A. Conducting a Public Hearing for the Oakmont #3, Campus North, and Mansionette Maintenance Districts to allow for public testimony on proposed assessment increases; and,
B. Continuing Public Hearing until Tuesday, February 21, 2017, to allow staff sufficient time to tally the ballots and report the results at the February 21, 2017, City Council Meeting.
Body
ALTERNATIVES
1. Approve as recommended by the Director of Public Works; or,
2. Return to staff with specific direction; or,
3. Deny.
AUTHORITY
Chapter 26 of Part 3 of Division 7 of State of California Streets and Highways Code provides the applicable general law for Maintenance Districts; and,
Article I (alternative method for the levy of benefit assessments) of Title 13, Division VIII, of the Merced Municipal Code dealing with Maintenance Districts, provides for subsequent modification to existing Maintenance Districts; and,
Initiative Measure (Proposition 218, Sections 2,3,4,5, and 6) approved at the November 5, 1996 election, and also known as the "Right to Vote on Taxes Act" provides for assessment ballot proceedings.
DISCUSSION
It has been determined the Oakmont #3, Campus North, and Mansionette Maintenance Districts do not have sufficient Fund balances to cover necessary operation and maintenance service costs to these Districts.
In order to increase levies an assessment ballot proceeding must be held to obtain property owner approval in advance of any increase in annual levy.
On December 5...
Click here for full text