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HomeMy WebLinkAbout2008-068 - Intention to Establish the Downtown Santa Ana Community Management District ROH/JWF (10/06/08) RESOLUTION NO. 2008-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION TO ESTABLISH THE DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT DISTRICT AND TO LEW AND COLLECT ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO ARTICLE XX, CHAPTER 13 OF THE SANTA ANA MUNICIPAL CODE AND SETTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Article XX of Chapter 13 of the Santa Ana Municipal Code (the "Law") authorizes the City Council to establish Community Management Districts (CMD) to promote the economic revitalization and physical maintenance of business districts. B. The Law authorizes cities to levy and collect assessments on real property within such districts for the purpose of providing improvements and promoting activities that provides special benefit to real property within such districts. C. A written petition has been submitted by property owners within Downtown Santa Ana requesting the City Council to initiate proceedings pursuant to the Law to establish the Downtown Santa Ana Community Management District for a five year period. D. Such petition was signed by property owners in the proposed district who will pay more than thirty percent (30%) of the assessments proposed to be levied. E. A Management District Plan entitled the "Downtown Santa Ana Community Management District Plan" (the "Management District Plan") containing all of the information to establish the District required by Section 13-204 of the Law, including a description of the boundaries of the district, the improvements and activities proposed for the district, and the cost of such improvements and activities has been prepared and submitted to the Clerk of the Council. Included as part of the Management District Plan is a engineers report, prepared by a registered professional engineer, which complies with the requirements of Sections 4(a), (b) and Resolution No. 2008-068 Page 1014 (c) of Article XIIID of the California Constitution. As used herein, Management District Plan shall include the engineer's report. F. Articles XIIID of the California Constitution and Sections 54750 through 53756 of the California Government Code impose certain procedural and substantive requirements relating to the levy of new or increased assessments, including mailing of a notice to each affected property owner regarding the proposed assessment, conducting a ballot procedure, and holding a public hearing. Section 2. Pursuant to Sections 13-202 and 13-203 of the Law, the City Council declares its intention to establish "The Downtown Santa Ana Community Management District" (the "District") for five years, and to levy and collect assessments against lots and parcels of real property within the District, commencing with fiscal year 2008-09. Section 3. The City Council hereby approves the Management District Plan on file in the office of the Clerk of the Council. The City Clerk shall make the Management District Plan and other documents related to the District available to the public for review during normal business hours. Section 4. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the establishment of the District and the levy and collection of assessments for fiscal year 2008-09 on December 1, 2008 at 6:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 22 Civic Center, Santa Ana, California 92702. Section 5. The City Manager is hereby authorized to exercise the City's voting rights regarding the District balloting. Section 6. At the public hearing, the City Council will consider all objections or protests, if any, to the proposed establishment of the District and the proposed assessment, and will tabulate property owner ballots. Any interested person may present written or oral testimony at the public hearing. Ballots must be submitted to the City Clerk by the end of the public comment portion of the public hearing. A. Ballots will remain sealed until tabulated following the close of the public hearing on the District. Proceedings to establish the District will be abandoned if a majority protest exists at the conclusion of the public hearing. A majority protest shall be deemed to exist if ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. Ballots shall be weighted and tabulated according to the proposed assessment against the property. B. The proposed District includes much of Downtown Santa Ana generally bounded by Flower Street on the west, First Street from Flower Street to Resolution No. 2008-068 Page 2 of 4 ROH/JWF (10/06/08) Birch Street and Walnut Street from Broadway to Orange Street on the south, Maple Street from Walnut Street to First Street, the easterly property line of the commercial center known as Downtown Plaza and Mortimer Street from Third Street to Santa And Boulevard on the east, and Santa Ana Boulevard from Mortimer Street to Bush Street and Civic Center Drive from Bush Street to Flower Street on the north. C. The proposed activities for the District include enhanced maintenance, supplemental public security, marketing and promotions, and beautification and physical enhancement improvements. D. The assessment proposed to be levied and collected for fiscal year 2008- 09 is approximately $920,000, based on the assessment rates described in the Management Plan, which assessment rates shall continue for each of the following four fiscal years. Parcel assessments may increase where new building construction occurs on parcels within the District which increases the current building area. E. No bonds shall be issued in conjunction with the establishment of the District. F. The Clerk of the Council is hereby authorized and directed to send a notice of the public hearing and a ballot to each property owner within the District as provided in Section 53753 of the Government Code and Article XIIID, Section 4 of the California Constitution. Section 7. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 6th day of October, 2008. APPROVED AS TO FORM: / // /1/ /,' By: / . . J / I , Resolution No. 2008-068 Page 3 of 4 AYES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, Tinaiero (5) NOES: Councilmembers: None (0) ABSTAIN: Councilmembers: Pulido, Sarmiento (2) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2008-068 to be the original resolution adopted by the City Council of the City of Santa Ana on October 6. 2008. Patricia E. Healy Clerk of the Council City of Santa Ana Date: /Ohb /!p5T / / Resolution No. 2008-068 Page 4 of4