AgdaPkt 2010-05-24 special, clsd and jnt

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6.3C Page 1 REPORT To the Honorable Mayor and City Council From the City Manager May 24, 2010 SUBJECT Seaport Centre Maintenance District -approval of City Manager's and Engineer's Reports, five-year budget, and levying of assessments RECOMMENDATION Adopt a Resolution of Intention to: 1. Order the levy of benefit assessments for FY 2010-11 through FY 2014-15, 2. Approve the City Manager's and Engineer's Reports, 3. Approve afive-year budget and a maximum annual assessment, 4. Call for a Property Owners' Election on the five-year budget and maximum annual assessment, and 5. Provide for Notice of the Election and a Public Hearing thereon. BACKGROUND The Seaport Centre Maintenance District (District) was established on April 22, 1985 to pay for the expense of maintaining and operating public improvements and facilities located within public easements in the Seaport Centre. Such facilities include parts of the water, storm, and sanitary sewer systems, as well as the perimeter levees protecting the Seaport Centre. Annual assessments are levied against the parcels within the District boundaries (District boundary map attached}. On May 22, 2000 the District was ratified in conformance with Proposition No. 218, which required assessments to be approved by a majority protest election. That same year afive-year budget was approved. Subsequently, every five years or whenever assessments are increased, a majority protest election is required to extend or increase the assessment. Staff has prepared a Manager's Report and an Engineer's Report that includes the proposed five-year budget for FY 2010-11 through FY 2014-15, the formula for allocating the annual budget among property owners, and an assessment distribution showing the amount to be levied on each parcel in the District. Staff has also met and discussed the proposed budget and the upcoming election with the property owners and their representatives. This resolution before the Council will provide notice of the property owners' election to approve afive-year budget for FY 2010-11 through FY 2014-15, and set a public hearing scheduled for July 12, 2010. If, at the conclusion of the public hearing, ballots submitted in opposition to the maximum assessment levy exceed the ballots submitted in favor of the maximum assessment levy, the Council may not impose an assessment. Ballots are weighted by financial responsibility. Property owners voted unanimously in favor of the levy during the previous election in 2005.