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HomeMy WebLinkAbout85A - RESO - INTENT TO DISESTABLISH CMDROH (08/15/11) RESOLUTION NO. 2011-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA STATING ITS INTENTION TO DISESTABLISH 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. On December 15, 2008, in compliance with Article XX of Chapter 13 of the Santa Ana Municipal Code (the "Law"), the City Council established the Downtown Santa Ana Community Management District (the "CMD") by adopting Resolution No. 2008-078. B. Section 13-214 of the Law permits the dissolution of the CMD by resolution after the city council first adopts a resolution of intent to disestablish the CMD prior to the required public hearing. C. The City Clerk has received multiple petitions seeking the disestablishment of the CMD. D. On August 1, 2011, Mayor Pro Tern Claudia Alvarez requested that staff begin proceedings to disestablish the CMD. Section 2. Pursuant to Sections 13-214 of the Law, the City Council hereby declares its intention to set a public hearing regarding the disestablishment of the CMD. This action is taken in response to the multiple petitions received by the City Clerk requesting the disestablishment of the CMD. Specifically, the City Clerk received fifty- six (56) signatures on petitions protesting against the existence of the CMD. In addition, this action is supported by the fact that there were multiple individuals in support of alternative maps presented to the City Council proposing reduced boundaries to the current CMD. Further, although the City had the authority to vote for the establishment of the CMD as a property owner in the zone, there are questions regarding the overall support for the CMD from the remaining property owners during the vote if the City had not cast votes in support of the CMD. 85A-1 Resolution No. 2011-XXX Page 1 of 3 Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the disestablishment of the CMD on October 3, 2011, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92702. At the hearing, the City Council will consider adopting a resolution disestablishing the CMD. The City Council will also hear all persons for or against disestablishment of the CMD. Section 4. If the CMD is disestablished, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the CMD in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the CMD is disestablished, in accordance with section 13-214 of the Law. Section 5. The notice of the hearing on disestablishment required by section 13-214 of the Law shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The notice shall be mailed to the property and/or business owners at least thirty (30) days prior to the date of the public hearing. Section 6. 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 15th day of August, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph A. Straka Interim City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2011-XXX ???_? Page 2 of 3 Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a public hearing on the disestablishment of the CMD on October 3, 2011, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 22 Civic Center Plaza, Santa Ana, California 92702. At the hearing, the City Council will consider adopting a resolution disestablishing the CMD. The City Council will also hear all persons for or against disestablishment of the CMD. Section 4. If the CMD is disestablished, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the CMD in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the CMD is disestablished, in accordance with section 13-214 of the Law. Section 5. The notice of the hearing on disestablishment required by section 13-214 of the Law shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The notice shall be mailed to the property and/or business owners at least thirty (30) days prior to the date of the public hearing. Section 6. 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 day of August, 2011. Miguel A. Pulido Mayor APPROVED AS TO FORM: By: Joseph A. Straka Interim City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2011-XXX g5A-3 Page 2 of 3 85A-4