HomeMy WebLinkAbout55A - INTENTION TO MODIFY DOWNTOWN MGMT DISTRICT PLANREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 4, 2009
TITLE:
RESOLUTION OF INTENTION TO MODIFY
THE DOWNTOWN MANAGEMENT DISTRICT
PLAN
/ l`
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
^ As Recommended
^ As Amended
^ Ordinance on 1 n Reading
^ Ordinance on 2"d Reading
^ Implementing Resolution
^ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a Resolution of Intention to modify the Management District Plan
for the Downtown Santa Ana Community Management District.
DISCUSSION
On December 15, 2008, the City Council adopted a resolution establishing
the Downtown Santa Ana Community Management District (CMD) and the levy
of an assessment of the property owners within the District to fund
various activities in the Downtown. The CMD plan provided that the
initial tax assessment was to be levied in FY 2008-09, and the operating
term of the CMD was January 1, 2009 to December 31, 2013.
Downtown, Inc. is the newly created non-profit organization that will
oversee the expenditure of the assessments collected during the five year
term of the CMD. The Board of Downtown, Inc. recently took an action to
defer the assessment levy until FY 2009-10, with the first installment
being due in October 2009. The Board felt that the new assessment may
place an undue hardship on the property owners in the CMD due to current
challenging economic conditions. This change in assessment levy
necessitates a modification to the CMD plan approved by the City Council.
Further, the operating term of the CMD must also be modified to now
reflect January 1, 2010 to December 31, 2014. Prior to final
consideration by the City Council, a public hearing must also be
conducted which will be scheduled for a subsequent meeting after proper
publication.
The property owners were notified of this pending action before the City
Council, and the appropriate public notice of the meeting was published
in the newspaper as required by Section 13-112 of the Santa Ana Municipal
Code.
55A-1
Resolution of Intention to
Modify Downtown Mgmt District Plan
May 4, 2009
Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
Cynthia J. Nelson
Deputy City Manager for Development Services
Community Development Agency
CJN/kg
050409 ResoIntentMOdifyDT MD Plan
55A-2
JWF (04/22/09)
RESOLUTION NO. 2009-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA STATING ITS INTENTION TO MODIFY THE
MANAGEMENT DISTRICT PLAN FOR THE DOWNTOWN
SANTA ANA COMMUNITY MANAGEMENT DISTRICT AND
SETTING A TIME AND PLACE FOR PUBLIC HEARING
THEREON.
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. Pursuant to Article XX of Chapter 13 of the Santa Ana Municipal Code
(the "Law"), the City Council established the Downtown Santa Ana
Community Management District (CMD).
B. The Management District Plan for the CMD called for the assessment to
be levied commencing with Fiscal Year 2008-2009 and for the CMD to be
operative from January 1, 2009 to December 31, 2013.
C. Economic considerations have dictated that both the initial assessment
and operative term be delayed one year.
D. The City proposes to have the initial assessment by levied for Fiscal Year
2009-2010 and that the CMD be operative from January 1, 2010 through
December 31, 2014.
E. Section 13-112 permits the Management District Plan for the CMD be
modified by notice of a resolution of intention being sent to all assessees
and published.
F. Notice of this Resolution of Intention has been mailed and published are
required by the Law.
Section 2. Pursuant to Sections 13-112 of the Law, the City Council declares
its intention to modify the Management District Plan to levy the assessment
commencing with Fiscal Year 2009-2010 and to provide for the CMD to be operative for
an initial five years from January 1, 2010 through December 31, 2014.
Resolution No. 2009-XXX
55A-3 Page 1 of 4
Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a
public hearing on the modification of the Management District Plan on May 18, 2009 at
6:00 p.m., or as soon thereafter as the matter may be heard, in the Police Community
Room Chambers located at 60 Civic Center Plaza, Santa Ana, California 92701.
Section 4. 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 4th day of May, 2009.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
By:
Joseph W. Fletcher, City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2009-XXX to be the original resolution adopted by the City
Council of the City of Santa Ana on
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2009-XXX
Page 2 of 2 55A-4