75A - PH RESO DWNTWN SA CMTY MGT

Home Browse Search

Public Hearing - Resolution for Management District December 1, 2008 Page 2 property owners association under contract to the City to operate and manage the activities of the CMD. On October 6, 2008, having received the required petitions requesting the initiation of the formation process, the City Council adopted Resolution 2008-068, scheduling a public hearing for December 1, 2008, and ordering the preparation and distribution of ballots in accordance with the provisions of Article XIIID of the California Constitution and Sections 54750 through 53756 of the California Government Code. Ballot packets were mailed on Thursday, October 16. Ballots must be received by the close of the public hearing to be counted. Two public information workshops were held in the Downtown on Tuesday, October 28. Since the commencement of these proceedings, a number of owners from the Town Square Condominium project have raised concerns about the specific benefits they would receive should the District be established. The CMD Formation Committee met recently to review these concerns and came to the following conclusion. While it is known that residential enclaves lying at the edges of urban commercial areas do, in fact, benefit from programs and activities provided to them via improvement districts, the Committee found it more prudent to focus its attention and funds on the core of the commercial downtown. The District engineer advises that there is no specific benefit to these outlying properties so long as the focus of the work programs is only on properties that are assessed. The proposed boundary amendment will not affect the benefit/assessment relationship that has been defined in the Management Plan. The Formation Committee is, therefore, requesting that the City Council amend the boundaries of the proposed District prior to the tabulation of the ballots. The Council, pursuant to a previously adopted Ordinance, may exclude territory from the District prior to adoption of the final resolution. These properties will result in a slight decrease in revenues which will not have an impact on the overall activities outlined in the Management Plan. At the close of the public hearing, the ballots will be opened and tabulated, and the results reported to the City Council. If there is a weighted majority of ballots cast in support of establishing the CMD, the City Council may adopt the Resolution establishing the CMD and levying an assessment. If a weighted majority of ballots cast oppose establishing a CMD, no further action can be taken. 75A-2