HomeMy WebLinkAbout75A - PH - RESO TO MODIFY CMD BOUNDARIESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 24, 2011
TITLE:
PUBLIC HEARING — AMENDMENT OF
MANAGEMENT DISTRICT PLAN TO
ADJUST THE BOUNDARIES FOR THE
DOWNTOWN SANTA ANA COMMUNITY
MANAGEM NT DIST�ICT
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For_
CONTINUED TO
FILE NUMBER
Adopt a resolution amending the Management District Plan to adjust the district boundaries to
exclude territory from the Downtown Santa Ana Community Management District.
2. Approve the Amended Downtown Santa Ana Community Management District - The
Management District Plan and Engineer's Report reflecting the boundary modifications.
3. Authorize staff to submit the FY 2011 -12 Downtown Santa Ana Community Management
District special assessment data to the Orange County Auditor - Controller on August 25, 2011.
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. As part of the establishment
process, the Management District Plan was also adopted which includes a description of the
boundaries of the district and an Engineer's Report, among other requirements.
Downtown, Inc., a non - profit organization, serves as the CMD property owners association and is
responsible for the day -to -day management and administration of the CMD. Downtown, Inc.
submitted a written request for City Council to modify the boundaries of the CMD and also
submitted a proposed boundary modifications map (Exhibit 1). This item was continued from the
July 18, 2011 to the August 1, 2011 City Council meeting to allow additional maps to be submitted
for consideration. Subsequently, legal counsel declared that Council's consideration of the CMD
boundary changes is limited to only the one proposed map submitted by the property owners
association per the Santa Ana Municipal Code.
On August 1, 2011, City Council adopted a resolution of intent to modify the Management District
Plan to adjust the boundaries and set the public hearing for August 24, 2011. If modifications to
75A -1
Resolution to Modify the Management
District Plan to Adjust CMD Boundaries
August 24, 2011
Page 2
the boundaries are approved at the public hearing, the Management District Plan and the
Engineer's Report will also need to be amended (Exhibit 2). The Engineer's Report, which is a
component of the Management District Plan, is critical in substantiating and analyzing the special
benefits conferred within the proposed amended boundaries of the CMD.
The property /business owners were mailed notification of this pending action before the City
Council, and the appropriate public notice of the hearing was published in the Orange County
Register newspaper on August 12, 2011, as required by Section 13 -212 of the Santa Ana
Municipal Code.
Staff also requests Council's approval to submit the FY 2011 -12 Downtown Santa Ana Community
Management District special assessment data to the Orange County Auditor - Controller on August
25, 2011. If City Council adopts the resolution and modifies the CMD boundaries, the assessment
data based on the reduced number of properties will be submitted to the County. If City Council
does not adopt the resolution to modify the boundaries, the assessment data based on the
existing number of properties within the current boundaries will be submitted to the County.
Following this action, Downtown, Inc. will submit an Annual Report for FY 2010 -11 pursuant to
Section 13 -211 for City Council consideration at the September 6, 2011 meeting.
FISCAL IMPACT
There is no fiscal impact associated with this action.
2 cc--n
Nancy T. E e_&
Interim Exeector
Community Development Agency
NTE /sg
Exhibits: 1. Proposed Map
2. Amended Downtown Santa Ana CMD Management District Plan & Engineer's Report
3. Resolution
75A -2
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EXHIBIT 1
75A -3
Amended Downtown Santa Ana CMD
Management District Plan & Engineer's Report
Exhibit 2
75A-4
MODIFIED
DOWNTOWN SANTA ANA
COMMUNITY MANAGEMENT DISTRICT
THE MODIFIED MANAGEMENT DISTRICT PLAN
Formed Under Chapter 13 of the Santa Ana Municipal Code
Prepared by
Edward Henning, P.E. and Tom Eidem
In coordination with the
Management District Formation Committee
Originally Adopted - August 2008
Amended — May 2009
Modified — August 2011
EXHIBIT 2
The Mod fled Downtown Santa Ana Community Management District
A Modif ed Management Disfriot Plan
day- 29B9 -August 2011
Table of Contents
Introduction
A. Map of the Disiricl and ParcelsAffected
B. Name ofDisUicf
C. Descriptlono( ModMod ified Boundaries and BeaefitZones
D. List of Improvements and Activities Proposed for Each Year o(Operation and
Maximum Costs
E. Total Annual Amount Proposetl for Improvements, Maintenance antl
Operations for Each Year of Operation
P. Proposed 5ouroes of Financing, Including Method and Basis of Levying of
Assessment
G. Time and Manner of Collecting Assessments
H. Proposal Rules and Regulations to be Applied fo the District
I. ConfmuationofLevySpecificallyforMaintenanceoflmprovemenis
Constructed by the District
J. Type and Term of District and Showing Specific Number of Years
Assessments WIII Be Levied
K. Proposed Timeline for Implementation and Completion of Management
District Plan
L. Community Management District Governance
M. Other Items
AppendixA • Lisl of Parcels Includ'mg Publicly Owned Parcels (Included as
Atfachmeaf I'm Appendiz B)
Appendiz 8 • Engineers Reporl
Introduction
Offering a variety of services and amenities for visitors, businesses, and residents,
Downtown Santa Ana is a quaint, historic, yet bustling area located in the heart of the
Santa Ana, the county seat of Orange County. Downtown Santa Ana is home to a
vibrant Latino shopping district, the Artists Village, major office centers, and financial
institutions. Downtown is also home to federal, State, County, and municipal courts and
administrative offices.
A Community Management District (CMD) funds special services that address specific
needs of commercial centers. These services may include special "Clean and Safe"
programs like enhanced maintenance, landscaping, and security; vital Economic
Revitalization programs intended to promote customer and investor confidence, such as
business assistance and attraction, education and information, parking programs, and
the like; and, of course, Marketing and Promotions programs and activities designed to
increase awareness and sales. Marketing and Promotions programs can include
special events, holiday celebrations, music and arts festivals, comprehensive
advertising, branding, public outreach, and more. A CMD also facilitates coordination
among various interests such as City departments, elected officials, community groups
and business leaders to accomplish its goals. This strengthens relationships, increases
cooperation, and integrates the various efforts to thoughtfully improve the district. A
CMD will provide financial and administrative resources to partner with public and
private organizations to bring back the vitality of this lively shopping district.
In 1984, a merchant -based Business Improvement District was established in
Downtown Santa Ana and continues today. Originally managed by the Downtown
Santa Ana Business Association, in recent years program implementation
responsibilities have been divided among different geographical and market sectors.
In 2006, after a number years of economic struggle to revitalize Downtown Santa Ana,
there developed an interest in establishing a Property and Business Improvement
District (PBID). Property owners formed a proponent group and approached the City's
Community Development Agency for assistance to engage a PBID advisor. The City of
Santa Ana approved hiring a consultant to work with Downtown stakeholders in
establishing a new district. Property owners, in partnership with local merchants and the
City, worked together to launch a new effort to create a district. A Formation Committee
was established to direct and advise on the creation of this Management Plan. In June
2008, the CMD Formation Committee requested that the City of Santa Ana amend the
Municipal Code to enable the establishment of Community Management Districts. The
City Council began the amendment process in July 2008.
The formation of the Downtown Santa Ana Community Management District will serve
to enhance the commercial district thereby increasing commerce and prosperity.
In May 2011, the CMD Property Owner's Association (Downtown Inc.) requested the
City of Santa Ana City Council to modify the CMD boundaries for Years 3, 4 and 5 of
the 5 year CMD term by deleting areas to the west, north and east of the original CMD
boundaries. The primary reason for this reduction is to concentrate CMD services and
programs on a more focused area for maximum service efficiency and program benefit.
B. Name of District
The name of the ReW Modified District shall be The Downtown Santa Ana
Community Management District.
C. Description of Modified Boundaries and Benefit Zones
The Modified Downtown Santa Ana Community Management District includes a
total of 2-82 189 parcels ronroceRted by 102 iRdiyid al nrnnorty GWRerc With
some minor exclusions resulting from essential boundary adjustments, the
District generally includes all parcels between Walnut Street on the south, Gov G
GeRtnr nriVe Santa Ana Boulevard on the north, "^nrv�v0* iz Spurgeon /French
Streets on the east and €4ewrRoss Street on the west. This area represents
the core of the greater Downtown and is unique in its combination of retail,
entertainment, government, and professional /office uses as well as its diversity of
market sectors.
The entire District comprises a single benefit zone. All parcels within the above -
mentioned boundaries shall be assessed to fund special benefit services as
outlined in this plan, excluding only those properties owned, occupied by and
operated as a federal, State, County and municipal government. Services will be
provided only to those properties paying into the assessment fund; no services
shall be provided outside the District boundaries.
The Downtown Santa Ana Community Management District encompasses most
properties within the following general description boundaries:
- F=lAy4p Ross Street on the west
The north side of First Street from cleweF Street to Birch Street to Broadway
and Walnut Street from Broadway to O FaRge StF the alley east of Cypress
Avenue on the south
- The alley east of Cypress Avenue Maple c+roo+ from Walnut Street to First
Street, the easterly ppeperty lino of the nnmmorniol non +or Ilan \NR as
f Q_).yP +mein Plaza, Spurgeon Street from First Street to Third Street, French
Street from Third Street to Fourth Street, aR4-Mortimer Street from Thord
Fourth Street to Fifth Street, and Spurgeon Street from
Fifth Street to Santa Ana Boulevard on the east
- Fifth Street from Mortimer Street to Spurgeon Street, and r Santa Ana
Boulevard from Merime�treet te- B-�h9treet and, i„i„ rotor Drive from
Bush St ee te- F�ewfe StFeet Spurgeon Street to Ross Street on the north
Resolution 2008 -078, adopted December 15, 2008, excluded certain territory from the plan. Please refer to
Resolution 2008 -078 for legal description.
The above description is general and does not account for minor exclusions and
inclusions.
More precisely, the boundaries are described as follows:
Beginning at a point where the westerly right -of -way line of €ewe Ross Street
intersects with the northerly right -of -way line of GiVin GeRtor Drive Santa Ana
Boulevard, thence southerly along the said westerly right -of -way line of Pewe
Ross Street to a point where it intersects with the southerly right -of -way line of
F+r,;tThird Street, thence easterly along said southerly right -of -way line of €4Fst
Third Street to point where it intersects with the prolongation of the westerly right
of way line of Birch Street, thence southerly along said westerly right of way line
of Birch Street to the southerly right of way line of First Street, thence easterly
along said southerly right of way line of First Street to the westerly right of way
line of Broadway, thence southerly along said westerly right of way line of
Broadway Septer lie -mTCe eR the alley biSeGtiRg BIGGk 27-6th ArVe Se i+horly aleRg +ho
r epterlino of said alloy to a point where it intersects with the southerly right -of-
way line of Walnut Street, thence easterly along tie said southerly right -of -way
line of Walnut Street to a point where it intersects with the westeFly easterly right -
of -way line of the alley east of Cypress Avenue QFaRge c +roo+ thence northerly
along said the westerly easterly right -of -way line of said alley Q FaRge St to a
point where it intersects the southerly right of way line of First Street, thence
easterly along said southerly right of way line of First Street to a point where it
intersects with the prolongation of the easterly right of way line of Spurgeon
Street, thence northerly along said easterly right of way line of Spurgeon Street
to mi t i aligRMeRt F e t49noiGn G_f +ho GE)HtheFly PFGPeFty P rp_ell
PIi C 2_98
5117 01 t#ePAP eaeterl i alGRg paid Iii li�-rtRe, GGrtORHinry alGRg the
seutheFly pFepeFty line of Dar el AID imh 398 517 0-1 to a peiRt wheF
�rt nii+heastorly Fight of Iinthe alley in RIenL 517 teRGe
RGFthorly alGRg +ho eac+orhi Fight _ef_ way lino of said alloy to a pein+ �^ihere i+
Y.gitthP- or9i ItheFly right G)f Way lino of Ciro+ StFeet,+rhTeRGe a steFly
e+prnralT n vf r f9a-SteFly FGPeFt y lino Gf Darro�l Prli a irmrh �50-2- 19, theRGe ReFthorly aleRg said lino arress Girst Street and r•nn +i.p iiRg nnr +herly aleRg the
eaGteFly PFepe+tY Ii,e -A-f -RIQc� F -31 a point intersecting with the southerly right -
of -way line of Third Street, thence westeFly easterly along the said southerly
right -of -way line of Third Street to a point where it intersects with the easterly
right -of -way line of French Street, thence northerly along said easterly right -of-
way line of French Street to a point where it intersects with the
Parr-3491 Al h 2-9-2- 508theRGe easterly alGRg oaird6961theFly rGnprty IiRe 19T
RaFG- I f�- rlrcimaCl -c7JE7 507- 08 `�'cv -a PGiRc-wTT°eFe itiP:ceYG the eaGt repeky IiRe-G4
oaird PaFGel +henna nr)rFheFly alr)nrr oairJ oaGteFly nrGnoPty lino r,f Darr.ol nliimhor
2Q2t_5n7_nS2 to a Drain+ �.yhere it in +orcor- +c with the southerly right -of -way line of
Fourth Street, thence easterly along the-said southerly right -of -way line of Fourth
Street to a point where it intersects with a point in alignment with an extension of
the easterly right -of -way line of Mortimer Street, thence northerly along said line
across Fourth Street along and continuing northerly along the easterly right -of-
way line of Mortimer Street to a point where it intersects with the northerly right -
of -line of SaRta ARa Reidevard Fifth Street, thence westerly along th-e said
northerly right -of -line of Santa Ana Boulevard to a point where it intersects with
the easterly right -of -line of Rush Spurgeon Street, thence northerly along t e said
easterly right -of -way line of Rush Spurgeon Street to a point where it intersects
with the northerly right -of -line of Eighth StFee+ Santa Ana Boulevard, thence
westerly along t4e said northerly right -of -way line of Eighth Street Santa Ana
Boulevard to aGpeipt vog-hPa F 49 *. t. i A. te s +tit h. 49 °„at°r1„ r;ryh+ A- f 1,,° °f 54AiA
G,GoeRtor nr,,,° ,^, °&+ °r y to the point of beginning.
D. List of Improvements and Activities Proposed for Each Year of
Operation and Maximum Costs
A description of Improvements is as follows:
Maintenance and Landscaping Services
Maintenance may include sidewalk sweeping and pressure washing, gum
removal, graffiti abatement, trash and /or bulky item removal; the watering,
weeding and pruning of all trees and plantings; alley /median /parkway
maintenance; litter and debris pick -up; trash receptacle collection /disposal
and maintenance /replacement; and other maintenance and landscaping
issues that may arise.
Each maintenance service will assist in beautifying the Downtown District
and enhancing the image of the commercial core. This activity is
designed to increase customer comfort within the greater Downtown which
will, in turn, increase commerce and help to attract and retain new
businesses and patrons within the District. These maintenance services
will be provided only within the District; therefore, these services constitute
"special benefits" to the assessed parcels.
2. Marketing and Promotions
This activity is intended to enhance the image of Downtown Santa Ana
through sophisticated marketing, advertising and branding of the
Downtown. It will heighten the excitement and pleasure of the customer
and visitor experience by way of holiday celebrations, special events,
festivals, promotions and sales, art shows, live music, and similar
customer attractions. This activity also includes those types of
supplemental activities such as newsletters, visitor guides, graphics arts
materials, business improvement workshops, and the like.
3. Downtown Ambassador Program
Uniformed customer assistance Ambassadors will provide a variety of
business and customer support services by assisting patrons and
employees, supporting SAPD crime prevention efforts to reduce the
incidence of crime and nuisance activities, and productively addressing the
challenges associated with street populations. Deployment of Downtown
Ambassadors can include highly visible foot, bicycle or Segway patrols that
will provide service during critical, high- impact periods. The initial
deployment will be when their services are most needed. Actual days and
times are still to be determined, but Ambassador assignments can change
as necessary.
The Downtown Ambassador Program will assist in creating a safe and
secure environment throughout the Downtown area and, hence, will
enhance the economic revitalization. This activity is designed to increase
vehicular and pedestrian traffic within the District which will increase
commerce and help to attract new and retain existing businesses and
patrons. This Ambassador Program will be provided only within the CMD
boundaries; therefore these services constitute "special benefits" to the
assessed parcels.
4. Physical Enhancement & Amenities
The Physical Enhancement category consists of capital improvements that
may include tree /landscape planting, additional street furniture, fixtures
and equipment, and other streetscape amenities the Board deems
appropriate. These amenities include light pole and skyline banners,
advertising and information kiosks, decorations, directories, and special
lighting.
These improvements will beautify and enhance the image of Downtown
Santa Ana and thereby increase pedestrian and vehicular traffic to the
District. This activity is designed to enhance the shopping experience
within the District boundaries. Because the Physical Enhancement
program will be provided only within the District, these improvements will
constitute "special benefits" to the assessed parcels.
5. Administration and Operations
Included in the Administration component are the costs for an Executive
Director, Marketing & Promotions Coordinator, office support staff, office
expenses, legal fees, accounting /bookkeeping fees, and Directors &
Officers and General Liability insurance.
This component is vital to the proper expenditure of assessment funds
and the administration of programs and activities which are intended to
promote business within the CMD boundaries through increased
commerce and the attraction and retention of new business. Because this
operating cost /administration program exists only for the purposes of the
District and will be provided only for matters occurring within the CMD
boundaries, this program constitutes a "special benefit" to the assessed
parcels.
NOTE: Existing City services will be supplemented, not
supplanted or duplicated, by Management District services.
Each of these programs and activities work together to create a more
pleasing environment within the District that is conducive to strengthening
the economic vitality of this commercial center through the attraction and
retention of new business and increased commerce. The programs,
improvements, and services are designed to specifically benefit properties
within the CMD boundaries. The proposed CMD assessments will be
levied only on properties within the CMD boundaries. Assessment
revenues will be spent to deliver services that provide a direct and special
benefit to assessed parcels and to improve the economic vitality of these
properties.
PROJECTED MODIFIED FIVE -YEAR BUDGETSIPROGRAM COSTS
REVENUE
Source
Year
Year
Year
Year
Year
CMD Assessments
$920,000.00
$966,000.00
$1,014,300.00
$1,065,015.00
$1,118,265.75
$722,000
$758,100
$796,005
All Other
$30,000.00
$31,500.00
$33,075.00
$34,728.75
$36,465.19
$3,000
$3,150
$3,308
$950,000.00
$997,500.00
$1,047,375.00
$1,099,743.75
$1,154,730.94
$725,000
$761,250
$799,313
EXPENDITURES
Programs & Activities
Year 1
Year 2
Year 3
Year 4
Year 5
Maint & Landscaping
$220,135.00
$231,141.75
$242,698.83
$254,833.77
$267,575.45
$187,720
$197,106
$206,961
Marketing &
$372,990.00
$391,639.50
$411,221.47
$431,782.54
$453,371.66
Promotions
$267,140
$280,497
$294,522
Ambassador Program
$183,390.00
$192,559.50
$202,187.47
$212,296.84
$222,911.68
$151,620
$159,201
$167,161
Physical
$48,825.00
$51,266.25
$53,829.56
$56,521.04
$59,347.09
Enhancement
$43,320
$45,486
$47,760
Admin & Operations
$124,660.00
$130,893.00
$137,437.65
$144,309.53
$151,525.00
$75,200
$78,960
$82,908
$1,047,375.00
$1,099,743.75
$1,154,730.94
TOTAL
$950,000.00
$997,500.00
$725,000
$761250
$799,312
All projects and activities are designed to enhance the assets and image of Downtown
Santa Ana, and thereby increase commerce and promote business within the boundaries
of the CMD. The annual budget for the first year is estimated to be $950,000. Of that
amount, $920,000 is to be generated through special assessments. The nonprofit
Management District Corporation shall have the right to reallocate up to 35 percent of the
total budget within the budget categories. Accrued interest or delinquent payments may
be expended in any budget category.
Any funds remaining after the fifth year of operation will be rolled over into the renewal
budget or returned to stakeholders. Also, if the funds are available in the fourth or fifth
year of operations, costs for renewal may be expended. If the District is not renewed or
terminated for any reason, unexpended funds will be returned to the property owners.
E. Total Annual Amount Proposed for Improvements, Maintenance and
Operations for Each Year of Operation
BUDGET SUMMARY — Revenue & Expense
REVENUE — FIRST YEAR
CMD Assessments
All Other
TOTAL REVENUE
EXPENDITURES — FIRST YEAR
Maintenance & Landscaping Services
Marketing & Promotions
Ambassador Program
Physical Enhancement & Amenities
Administration & Operations
TOTAL EXPENDITURES
$920,000
30,000
$950,000
$220,135
23.2%
372,990
39.2%
183,390
19.3%
48,825
5.1%
124,660
13.1%
$950,000 100.0%
YEAR 3 MODIFIED BUDGET SUMMARY— REVENUE & EXPENSE
REVENUE — YEAR 3
CMD Assessments
All Other
TOTAL REVENUE
EXPENDITURES — YEAR 3
Maintenance & Landscaping Services
Marketing & Promotions
Ambassador Program
Physical Enhancement & Amenities
Administration & Operations
$722,000
3,000
$725,000
$187,720
26%
267,140
37%
151,620
21%
43,320
6%
75.200
10%
TOTAL EXPENDITURES $725,000 100.0%
FIRST Y E4 ANNUAL OPERATIONS — PROGRAM SUMMARY
Maintenance & Landscape Services
Done by contract service providers (daily litter & debris pick -up, daily trash
collection, daily receptacle cleaning & maintenance, gum removal, graffiti
abatement, sidewalk washing FF &E maintenance & repair)
Marketing & Promotions
Special events, holiday celebrations, social events (art walks, concerts),
merchant promotions, co -op and piggyback opportunities, print material and
graphics, advertising (district -wide and targeted), newsletter, business
enhancement (business attraction and retention)
Ambassador Program
Contract Service (Allocation allows for added security of approximately 110 hours
per week deployed at PBID's discretion.)
Physical Enhancement & Amenities
FF &E, banners, kiosks, signage, decorations, directories, lighting
Administration & Operations
Personnel, direct administrative costs
During the term of the Community Management District, the annual budget and
corresponding assessments may be adjusted to reflect an annual cost of
operations increase of five percent. This is the maximum allowable increase
based upon this Management District Plan utilizing the approved assessment
methodology. This increase may be imposed at the discretion of the Owners
Association. The Owners Association shall make a notification to the City
annually as to whether any adjustments to the current year's assessment rates
will be made.
Additionally, any annual budget surplus or deficit will be incorporated into the
subsequent year's CMD budget, and subsequent annual assessments will be set
to account for surpluses or deficits carried forward.
* NOTE: YEARS 3 -5 ASSESSMENT REVENUES ARE BASED ON REDUCED BOUNDARIES
PROJECTED MODIFIED FIVE -YEAR BUDGETSIPROGRAM COSTS
REVENUE
Source
Year1
Year2
Year 3*
Year4
Years
Increase
Increase
Increase
Increase
CMD Assessments
$920,000.00
5.00%
$966,000.00
5.00%
$1, 014,300.00
5.00%
$1, 065,015.00
5.00%
118,265.75
$1,$796,005
$722 000
$758,100
All Other
$30,000.00
5.00%
$31,500.00
5.00%
075.00
$33,075.00
5.00%
728.75
$34,728.75
5.00%
465.19
$36,$3,308
$950,000.00
$997,500.00
$1,047,375.00
$1,099,743.75
$1,154,730.94
$725,000
$761,250
$799,313
EXPENDITURES
Programs & Activities
Year1
Year2
Year3*
Year4
Year5
Increase
Increase
Increase
Increase
Maint &Landscaping
$220,135.00
5.00%
$231,141.75
5.00%
$242,698.83
5.00%
$254,833.77
5.00%
$267,575.45
$187 720
$197,106
$206,961
Marketing &
$372,990.00
°
5.00 /o
$391,639.50
5.00%
$411,221.47
°
5.00 /o
$431,782.54
°
5.00 /o
$453,371.66
Promotions
$267,140
$280 497
$294,522
Ambassador Program
$183,390.00
5.00%
$192,559.50
5.00%
$202,187.47
5.00%
$212,296.84
5.00%
$222,911.68
$151,620
$159,201
$167,161
Physical
$48,825.00
5.00%
$51,266.25
5. 00%
$53,829.56
5.00%
$56,521.04
5.00%
$59,347.09
Enhancement
$43,320
$45,486
$47,760
Admin &Operations
$124,660.00
5.00%
$130,893.00
5.00%
$137,437.65
5.00%
309.53
$144,309.53
5.00%
525.00
$151 $82
$75,200
960
908
$1,047,375.00
$1,099,743.75
$1,154,730.94
TOTAL
$950,000.00
$997,500.00
$725,000
$761250
$799,312
F. Proposed Sources of Financing, Including Method and Basis of
Levying of Assessment
The Downtown Santa Ana Community Management District anticipates two
general sources of revenue — special assessment revenue which is the principal
source of funding (Q' PeFGeRt4, and program income which includes funding from
sources such as sponsorships, sales of goods and services, dues, interest
income, and the like. The Downtown Santa Ana Community Management
District is a benefit assessment -type district whereby special service and district
program costs are apportioned among benefitting properties based on the
special benefit each property is expected to derive from those services and
programs. This method of financing such special services and programs is based
upon the levy of assessments on real property that benefit from proposed
improvements and activities.
The method and basis of spreading program costs vary from one district to
another based on local geographic conditions, types of programs and activities to
be undertaken, and size and development complexity. Further, general benefits
may not be incorporated into the assessment formula and levied on the CMD
properties; only special benefits and cost may be considered. Assessment
formulae typically relate to the physical factors of a parcel such as street
frontage, lot size, building size, location. The formula may base assessments on
a single factor or a combination of factors.
Based on the program activities to be funded, which relate substantially to the
pedestrian- oriented sidewalk areas /public walkways, parcel size and physical
improvements, it is determined that the assessments be based in part on four
property - related elements:
• The amount of adjacent street/sidewalk frontage (linear feet)
• The parcel size (total land area)
• The building area
• A flat parcel fee
These variables were developed by the consulting engineer and presented to a
focus group that was conducted for purposes of gathering a consensus of
affected property owners. The focus group included key stakeholders in the
Downtown. The variables and formulae were verified as equitable by an
Engineer's Report.
The assessment formula utilized in the Downtown Santa Ana Community
Management District is comprised of these four variables, each with a relative
weighting derived from program benefit. The variables are:
Street /Sidewalk Frontage
30%
Parcel Size (Land Area)
30%
Building Area
30%
Flat Parcel Fee
10%
100%
YEAR 1
or $276,000
or $276,000
or $276,000
or $ 92,000
$920,000
YEAR 3*
$216,600
$216,600
$216,600
$ 92,000
$722,000
* Note: Years 3 -5 revenue projections are based on reduced boundaries.
Within the CMD there are 292 22-4? 8-9 parcels with roughly 60,080 40,009
28,500 linear feet of street frontage, 9-9 �' million square feet of land and 2.5
34 2.5 million square feet of building area. A list of all parcels in the CMD is
shown in Appendix A. Using the cumulative property- related data totals from
above, the base Year 1 assessment rates are set at $6 per linear foot of street
frontage, 10 cents per square foot of land area, and 15 cents per square foot of
building area (based on gross exterior building dimensions). The parcel fee shall
be $425 per parcel.
Due to identified diminished benefits and a number of formula adjustment factors
for certain land uses, parcel configurations and other circumstances are also
incorporated into the proposed CMD formula as follows:
1. Single- family residential uses are set at a rate of 10 cents per square foot of
building pad, from nee to fe it iinitc ore cot of o flat rote of $400 per i1nit
n- vrn— vrr�rcr,vararnrs arc�cc- crc- a— rrcrc -rcr cr -arnz
(includes residential condos).
2. Multi- family residential uses „f five nr mere nits are set at 60 25 percent of
respective base assessment rates (apartments).
3. Nonprofit- (501 c3) owned /occupied properties are set at 50 25 percent of
respective base assessment rates.
4. Building areas are capped at a floor area ratio (FAR) of 4.0.
5. Government - owned /occupied properties will not be assessed and will receive
no direct services.
6. Residential uses, regardless of the number of units, that are 100 percent
project -based rental assistance programs; for example, senior housing and
the like, will not be assessed and will receive no direct services.
7. Mixed -use properties /complexes will generally be assessed based on
prorated land -use ratios, using the following guidelines:
Commercial /Office Condos — No Residential Uses (multiple owners)
2 Correcting plan figures /wording on the plan to match that as previously adopted by City Council on October 6,
2008, agenda item 55B.
a. Building area fee at full building area fee rate (structured parking area
excluded).
b. Land area fee at full land area fee rate but prorated for each unit based on
ratio of unit building area to total building area.
c. Frontage fee at full frontage rate but prorated for each unit based on ratio
of unit building area to total building area.
Mixed -Use Rental: Ground -Floor Commercial and Upper -Floor Residential
(single owner)
a. Building area fee at full rate for commercial area and 59 25 percent
commercial rate for residential area (structured parking area excluded).
b. Land area fee at full land area fee rate.
c. Frontage fee at full frontage rate.
Mixed -Use Condos: Ground -Floor Commercial and Upper -Floor Residential
(multiple owners)
a. Building area fee at full rate for commercial pad areas and $400 per Y
10 cents per square foot of building pad area, per residential condo unit
(structured parking area excluded).
b. Land area fee at full land area fee rate for commercial pad footprint.
c. Frontage fee at full frontage rate for commercial units (ground floor direct
frontage).
d. Live -work condo units where there is a clear and legally defined distinction
between work space and living space will be assessed using a
combination of a, b, and c above.
YEAR ONE ASSESSMENT CALCULATION
A parcel's first annual assessment is calculated as follows. Any applicable
adjustment factors are applied after the calculation of the parcel's assessment at
the full rate.
ANNUAL ASSESSMENT = Street Frontage Fee + Land Area Fee +
Building Area Fee + Parcel Fee
Street Frontage Fee is calculated by multiplying the linear feet of street frontage
of a parcel by the Street Frontage Rate ($6 per linear foot).
Land Area Fee is calculated by multiplying the square footage of the parcel by
the Land Area Rate (10 cents per square foot)3
Building Area Fee is calculated by multiplying the square footage of a structure,
as derived from its gross exterior dimensions, by the Building Area Rate (15
cents per square foot).
Flat Parcel Fee — each individual Assessor's Parcel is assessed the Flat Parcel
Rate ($425).
Street Frontage Rate
Land Area Rate
Building Area Rate
Flat Parcel Rate
$6.00 per linear foot
10¢ per square foot
15¢ per square foot
$425 per parcel
During the term of the CMD, the annual budget and corresponding assessments
may be adjusted to reflect an annual cost of operations increase of five percent.
Since the CMD is planned for a five -year term, maximum assessments for future
years (years 2 -5) must be set at the inception of the CMD. While future
inflationary and other program cost increases are unknown at this point, a built -in
maximum increase of five percent per year is incorporated into the projected
program cost and, in turn, the resulting assessment rates for the five -year life of
the CMD. These figures are shown in the table below. Assessment rates may
not exceed those indicated below.
Five -Year Maximum Assessment Rates (Includes a 5 percent cap on annual
increases)
Rate
Year One
Year Two
Year Three
Year Four
Year Five
Street Frontage Fee
$6
$6.30
$6.62
$6.95
$7.30
Land Area Fee
10¢
10.5¢
110
11.6¢
12.2¢
Building Area Fee
15¢
15.8¢
16.6¢
17.4¢
18.3¢
Flat Parcel Fee
$425
$446
$469
$491
$516
Any annual budget surplus or deficit will be incorporated into the subsequent
year's CMD budget, and subsequent annual assessments will be set to account
for surpluses or deficits carried forward.
G. Time and Manner of Collecting Assessments
Pursuant to analogous law pertaining to Property and Business Improvement
Districts, the Santa Ana Downtown Community Management District assessment
will be collected by the County of Orange in the same manner as annual property
taxes are collected, and will appear as a separate line item on the annual
property tax bills prepared and issued by the County. Property tax bills are
generally distributed to property owners in the fall, and payment is expected by
lump sum or in two installments. The County of Orange shall distribute the
assessments to the City which will, in turn, forward the assessments to the
managing association pursuant to the authorization of this plan. Existing laws for
enforcement of property taxes apply to the District's assessments.
The assessments shall be collected at the same time and in the same manner as
for any ad valorem property tax paid to the County of Orange. These
assessments shall provide for the same lien priority and penalties for delinquent
payment as is provided for the ad valorem property tax. If necessary, the
Santa Ana City Clerk's Office will directly bill property owners or entities that do
not appear on the direct billing of the property tax roll provided by the County.
The "property owner" of the ad valorem interest shall be any person listed as the
owner /taxpayer on the last equalized ad valorem interest assessment roll or
otherwise known to be the owner /taxpayer by the City.
H. Proposed Rules and Regulations to be Applied to the District
There are no specific rules or regulations applied to this District.
Continuation of Levy Specifically for Maintenance of Improvements
Constructed by the District
In accordance with Section 13 -103 (i) of Article XX, Chapter 13, Santa Ana
Municipal Code, it shall be a requirement of the Downtown Santa Ana
Community Management District that assessments specifically designated for the
maintenance and upkeep of improvements constructed by the District using
assessment revenue, if any, shall continue to be levied on each parcel of land
within the CMD for a period of time equal to the useful life of the improvement, as
determined by the City Engineer, regardless of whether the District is
disestablished or the term of the original levy has expired.
J. Type and Term of District and Showing Specific Number of Years
Assessments Will Be Levied
The proposed Downtown Santa Ana Community Management District is a new
district. The CMD will have an initial operating term of five years. Due to the
time and manner of levying and collecting assessments as described in Section
G, assessment revenue is generally not available for direct operations until the
following January. The CMD will commence with the first year of levying of
assessments in August of 2009, and the first year of programs and activities
beginning in January of 2010, as assessment funds become available. The final
assessment shall be levied by August of 2013 with the fifth year of programs and
activities commencing in January of 2014, as assessment funds become
available. Program operations are expected to be complete by December 31,
2014. Any continuation of the CMD after the initial five -year period will require
compliance with the regulations in place at that time relative to establishment of a
Community Management District.
An assessment for the maintenance of improvements constructed by the CMD, if
any, may extend beyond the original five -year term as described in Section I of
the Management District Plan.
K. Proposed Time for Implementation and Completion of Management
District Plan
Task to be Completed
Estimated Date of
Completion
Completion and approval of Management District Plan.
August 2008
Send complete Management District Plan to Assessment Engineer.
August 2008
Complete petition drive reflecting support of property owners in the
August - September
proposed district who will pay more than 30 percent of the assessment
2008
proposed to be levied.
Submit completed petitions to City Clerk.
September 2008
Resolution of Intention setting a public hearing and ordering the
October 2008
distribution of ballots adopted by City Council.
Ballots returned to City Clerk.
December 1, 2008
Public Hearing /counting of returned ballots, consideration of ordinance
December 1, 2008
by Santa Ana City Council establishing the District.
L. Community Management District Governance
Downtown, Incorporated will be the agency responsible for the ongoing day -to-
day management and administration of the Downtown Santa Ana Community
Management District (CMD). Downtown, Incorporated is an existing nonprofit
corporation formed by business and property owners located in Downtown
Santa Ana. Downtown, Incorporated may choose to contract with third -party
entities to carry out the District programs and activities.
The annual programs, budgets, and assessments for the Downtown Santa Ana
Community Management District shall be determined by Downtown,
Incorporated, which shall also serve as the Community Management District
"owners association" described in Article XX Chapter 13 of the Santa Ana
Municipal Code. Such programs, budgets, and assessments must be consistent
with this Management Plan. Downtown, Incorporated shall be responsible for the
general oversight of the District including approval of the annual work programs
and budgets, monitoring performance, and ensuring compliance with appropriate
rules and regulations, including a Community Management District management
agreement with the City of Santa Ana. Upon Community Management District
adoption /renewal, the City of Santa Ana and Downtown, Incorporated will
execute a contract for the performance and delivery of the stipulated program
services over the life of the District.
The Board of Directors of Downtown, Incorporated shall meet generally on a
monthly basis. When related to Community Management District matters, such
meetings shall be subject to the State of California "Brown Act" open meeting
requirements. Records of this corporation pertaining to Community Management
District - related matters shall be available for public review as stipulated by State
law. Pursuant to the Municipal Code, the Downtown, Incorporated Board of
Directors shall file, for approval by the City Council, an annual report for the
upcoming year for which assessments shall be levied.
Downtown, Incorporated will employ a management professional as Executive
Director /CEO whose duties shall include the implementation of the programs and
activities of the CMD as well as the management of the day -to -day affairs of the
CMD and Downtown, Incorporated. Additional staff may be employed as needed
and as provided for in the budget.
M. Other Items
No bonds will be issued for any CMD projects.
H: \Mgmt Dist & BID Formation \BID Information \Management District Formation Committee \MANAGEMENT DISTRICT
PLAN Amended REVISED5.09.docx
APPENDIX A
See Attachment i to Appendix 8
Items cross referenced
APPENDIX B
MODIFIED DOWNTOWN SANTA ANA
COMMUNITY MANAGEMENT DISTRICT
MODIFIED DISTRICT
ASSESSMENT ENGINEER'S
Prepared by
Edward V. Henning,
California Registered Professional Engineer # 26549
Edward Henning &Associates
AUGUST, 23,2011
MODIFIED DISTRICT ASSESSMENT ENGINEER'S REPORT
To Whom It May Concern:
I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting
properties located within the proposed Modified Downtown Santa Ana Community Management District being
modified for the remaining three years of a five year term will receive a special benefit over and above the benefits
conferred on the public at large and that the amount of the proposed assessment is proportional to, and no greater than
the benefits conferred on each respective property.
Prepared by EdwardT. . Henning, California Registered Prqfessiona,l ng n e 2654.9
dw
t.4-.J.44.
This report serves as the "detailed engineer's report" required by Section 4(b) of Article XIIID of the California
Constitution (Proposition 218) to support the benefit property assessments proposed to be levied within the Modified
Downtown Santa Ana Community Management District ( "Modified Downtown Santa Ana CMD ") being modified
for the remaining three years of a five year term. The discussion and analysis contained within constitutes the required
"nexus" of rationale between assessment amounts levied and special benefits derived by properties within the
Modified Downtown Santa Ana CMD.
2
Background
The Modified Downtown Santa Ana CMD is a property -based special assessment district being modified for the
remaining three years of a five year District established in December 2008 pursuant to Article XX Chapter 13 of the
Santa Ana Municipal Code (the "Code ") fashioned after Section 36600 et seq. of the California Streets and Highways
Code, known as the Property and Business Improvement District Law of 1994 (the "Act "). To satisfy the
constitutional requirements for assessments on property imposed by Proposition 218, the costs of the services,
activities and improvements in the district to be funded by assessments ( "district programs ") are to be distributed
amongst all the identified properties based on the proportional benefit each parcel is expected to derive from the
district programs. Within the Code, the Act, Proposition 218 and the Proposition 218 Omnibus Implementation Act,
frequent references are made to the relative "special benefits" received from the district programs versus the amount
of the assessment levied, which incorporate the concepts of "nexus" and "proportionality" that are required to levy
assessments on property within a special assessment district. "Nexus" requires that only those properties expected to
derive special benefits from the district programs may be assessed. "Proportionality" requires that, for each assessed
property, the assessment be only in an amount proportional to that parcel's share of the reasonable costs of providing
the relative special benefits expected to be conferred on that parcel.
The method used to determine special benefits derived by each identified property within a CMD begins with the
selection of a suitable and tangible basic benefit unit. For property related services, such as those proposed in the
Modified Downtown Santa Ana CMD, the benefit unit may be measured in quantities such as linear feet of primary
street frontage or parcel size in square feet or building size in square feet, or any combination of these factors.
Quantity takeoffs for each parcel are then measured or otherwise ascertained. From these figures, the amount of
benefit units to be assigned to each property can be calculated. Special circumstances such as unique geography, land
uses, development constraints etc. are carefully reviewed relative to specific programs and improvements to be
funded by the District in order to determine any levels of diminished benefit which may apply on a parcel -by- parcel
or categorical basis.
Based on the factors described above such as geography and nature of programs and activities proposed, an
assessment formula is developed which is derived from a singular or composite basic benefit unit factor or factors.
Within the assessment formula, different factors may be assigned different "weights" or percentage of values based
on their relationship to programs /services to be funded.
Next, all program and activity costs, including incidental costs, District administration and ancillary program costs,
are estimated. It is noted, as stipulated in Proposition 218, and now required of all property based assessment
Districts, indirect or general benefits may not be incorporated into the assessment formula and levied on the District
properties; only direct or "special" benefits and costs may be considered. Indirect or general benefit costs, if any, must
be identified and, if quantifiable, calculated and factored out of the assessment cost basis to produce a "net" cost
3
figure. In addition, Proposition 218 no longer automatically exempts government owned property from being assessed
and if special benefit is determined to be conferred upon such properties, they must be assessed in proportion to
special benefits conferred in a manner similar to privately owned property assessments.
From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of
estimated net program costs by the total number of benefit units. The amount of assessment for each identified parcel
can be computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per identified
parcel. This is known as "spreading the assessment" or the "assessment spread" in that all costs are allocated
proportionally or "spread" amongst all identified properties within the District.
The method and basis of spreading program costs varies from one District to another based on local conditions, types
of programs and activities proposed, and size and development complexity of the District.
Supplemental Proposition 218 Procedures and Requirements
Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures
and requirements to be carried out prior to levying a property -based assessment like the Modified Downtown Santa
Ana CMD. These requirements are in addition to requirements imposed by State and local assessment enabling laws.
These requirements were "chaptered" into law as Article XIIID of the California Constitution.
Since Prop 218 provisions will affect all subsequent calculations to be made in the final assessment formula for the
Modified Downtown Santa Ana CMD, Prop 218 requirements will be taken into account. The key provisions of Prop
218 along with a description of how the Modified Downtown Santa Ana CMD complies with each of these provisions
are delineated below.
(Note: All section references below pertain to Article XIII of the California Constitution):
Finding 1. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and
upon which an assessment will be imposed"
Most of the individual parcels within the proposed Modified Downtown Santa Ana CMD are "identified" individual
parcels that will derive special benefit from the proposed District programs and activities. For certain government
owned and occupied /utilized parcels within the "Civic Center" portion of the CMD there is no clear and convincing
evidence that they will receive special benefits from district programs and thus, in the opinion of this Engineer, will
not be assessed. In turn, no direct CMD services will be provided adjacent to these non - benefiting parcels. The
benefits are special and unique only to the identified properties within the proposed District because programs and
services will only be provided directly for the identified properties. All CMD parcels are identified by assessor parcel
4
number and shown on the Boundary Map in the Modified Management District Plan and are listed in Attachment 1 to
this Report. The boundaries of the Modified Downtown Santa Ana CMD are generally bounded by Santa Ana
Boulevard /Fifth Street on the north, Spurgeon/Mortimer /French Streets on the east, Walnut /First Streets on the south
and Birch /Ross Streets on the west. The modified boundaries are described in more specific detail in the Management
District Plan. There is one Benefit Zone within the Modified Downtown Santa Ana CMD.
All parcels within the above - described modified boundaries, except as noted, shall be assessed to fund special benefit
services, programs and improvements as outlined in this report. CMD funded programs will only be provided to
properties inside the modified District boundaries — none outside.
Modified Analysis
In May 2011, the CMD Property Owner's Association (Downtown Inc.) requested the City of Santa Ana City
Council to modify the CMD boundaries for Years 3, 4 and 5 of the 5 year CMD term by deleting areas to the west,
north and east of the original CMD boundaries. The primary reason for this reduction is to concentrate CMD services
and programs on a more focused area for maximum service efficiency, optimized use of resources and greatest
program benefits provided. The areas from the original CMD to be deleted within the modified CMD boundaries are
described and analyzed as to the impact of their deletion as follows:
A. West of Ross — this area is comprised exclusively of the multi jurisdictional government center and mid to
high rise office towers. There is very little non - office commercial land use within this area. It is noted that
none of the government properties /buildings within this area were assessed due to the government
owned /occupied exclusion policy. While still important to the mixed use nature of greater Downtown Santa
Ana, deletion of this area will definitely not materially affect the integral Downtown commercial fabric and
ability of the CMD to fund and provide beneficial programs and services to the core Downtown business
center located within the modified CMD boundaries.
B. North of Santa Ana Boulevard — this area is comprised of various land uses including government,
institutional (churches), office, service and fast food restaurants. This area centered around Civic Center
Drive and Main Street represents a transitional zone of mixed commercial and cultural uses quite prevalent
along the Mid- Broadway /Main Street corridors north to the 5 Freeway. While still important to the mixed
use nature of greater Downtown Santa Ana, deletion of this area will not materially affect the integral
Downtown commercial fabric and ability of the CMD to fund and provide beneficial programs and services
to the core Downtown business center located within the modified CMD boundaries.
C. East of Spurgeon Street — North of Fifth Street — this area is comprised primarily of high density
residential in the form of whole and half block apartment buildings. There are also six transitional parcels
with uses ranging from service commercial to single family residential to vacant lots and /or abandoned
structures. The most likely highest and best use of these transitional parcels would be medium to higher
density residential development. Deletion of this area will definitely not materially affect the ability of the
5
CMD to fund and provide beneficial programs and services to the core Downtown business center located
within the modified CMD boundaries.
D. East of French Street south of Fourth Street — this area is comprised of a single parcel occupied by a two
story retail furniture and storage building. The remainder of this block (not within the CMD) is a large high
density apartment complex. While the land uses to the north and west are retail, the highest and best
adaptive reuse of this building located on this residential block might be as a work -live loft complex.
Regardless, deletion of this area will not materially affect the ability of the CMD to fund and provide
beneficial programs and services to the core Downtown business center located within the modified CMD
boundaries.
E. East of Spurgeon Street between Third and First Streets — this area is comprised of a mid -size
neighborhood shopping center anchored by a major grocery store. In addition, there are several fast food
restaurants and a street front muffler shop. Other than the muffler shop, the remainder of these
buildings /parcels are all owned by a single entity. This center collects CAM fees from each tenant for clean,
safe and marketing services, similar to what the CMD provides. Deletion of this area will not materially
affect the ability of the CMD to fund and provide beneficial programs and services to the core Downtown
business center located within the modified CMD boundaries.
F. South of First Street, West of Broadway and East of the Alley West of Orange Avenue — these two
areas are comprised of a myriad of auto service /repair type businesses, an apartment complex and a vacant
lot. Deletion of these areas will definitely not materially affect the integral Downtown commercial fabric
and ability of the CMD to fund and provide beneficial programs and services to the core Downtown business
center located within the modified CMD boundaries.
It is noted that other CMD boundary modification scenarios were suggested by various sources, each with their own
sense of logic and purpose. However, each of the options proposed, would drastically reduce the ability of the
remaining CMD area to integrally market itself and to provide a comprehensive array of needed services due to
diminished resources, erratic boundary edges and lack of a critical mass of businesses. Each of these other options
offered, while respondent to a very focused sector within Downtown Santa Ana, are deemed inappropriate relative to
providing an overall economic development marketing vehicle for the dynamic and complex needs of Downtown as a
viable business center.
Finding 2. From Section 4(a): "Separate general benefits from the special benefits conferred on parcel(s). Only
special benefits are assessable. "
As stipulated by Proposition 218, assessment District programs and activities confer a combination of general and
special benefits to properties, but the only program benefits that can be assessed are those that provide special benefit
to the property owners. For the purposes of this analysis, a "general benefit" is hereby defined as: "A benefit to
properties in the area and in the surrounding community or benefit to the public in general resulting from the
improvement, activity, or service to be provided by the assessment levied ". "Special benefit" as defined by the
T
California State Constitution means a distinct benefit over and above general benefits conferred on real property
located in the District or to the public at large.
The property uses within the boundaries of the Modified Downtown Santa Ana CMD are a mix of office, retail,
entertainment, civic, governmental, residential and parking. Services, programs and improvements provided by the
District are primarily designed to provide special benefits to all parcels within the boundaries of the district.
Residential land uses will fund enhanced maintenance and security special benefit services which will be responsive
to their daily needs.
Existing City of Santa Ana services will be enhanced, not replaced or duplicated, by the continued CMD services. In
the case of the Modified Downtown Santa Ana CMD, the very nature of the purpose of this District is to fund
supplemental programs, improvements and services within the modified CMD boundaries above and beyond what is
being currently funded either via normal tax supported methods or other funding sources. These services, programs
and improvements, are designed to enhance the commercial core uses, increase tenancy and marketing of the
commercial entities in the CMD and improve the aesthetic appearance of the CMD as a whole. All benefits derived
from the assessments to be levied on parcels within the modified CMD are for services, programs and improvements
directly benefiting the property and business owners within this area and support increased security, cleanliness,
commerce, business attraction and retention, increased property rental income and improved District identity. No
services will be provided beyond the modified CMD boundaries. The proposed services, programs and improvements
which will provide special benefit to the properties within the modified CMD boundaries are described below:
1. Maintenance and Landscaping Services
Maintenance may include sidewalk sweeping and pressure washing, gum removal, graffiti
abatement, trash and /or bulky item removal; the watering, weeding and pruning of all trees and
plantings; alley /median /parkway maintenance; litter and debris pick -up; trash receptacle
collection /disposal and maintenance /replacement; and other maintenance and landscaping issues
that may arise.
Each maintenance service will assist in beautifying the Modified Downtown District and enhancing
the image of the commercial core. This activity is designed to increase customer comfort within
the greater Downtown which will, in turn, increase commerce and help to attract and retain new
businesses and patrons within the modified District. These maintenance services will be provided
only within the modified District; therefore, these services constitute "special benefits" to the
assessed parcels.
7
2. Marketing and Promotions
This activity is intended to enhance the image of Downtown Santa Ana through sophisticated
marketing, advertising and branding of the Downtown. It will heighten the excitement and pleasure
of the customer and visitor experience by way of holiday celebrations, special events, festivals,
promotions and sales, art shows, live music, and similar customer attractions. This activity also
includes those types of supplemental activities such as newsletters, visitor guides, graphics arts
materials, business improvement workshops, and the like.
3. Downtown Ambassador Program
Uniformed customer assistance Ambassadors will provide a variety of business and customer support
services by assisting patrons and employees, supporting SAPD crime prevention efforts to reduce the
incidence of crime and nuisance activities, and productively addressing the challenges associated with
street populations. Deployment of Downtown Ambassadors can include highly visible foot, bicycle or
Segway patrols that will provide service during critical, high - impact periods. The deployment will be
when their services are most needed. Ambassador assignments can change as necessary.
The Downtown Ambassador Program will assist in creating a safe and secure environment throughout
the Downtown area and, hence, will enhance the economic revitalization. This activity is designed to
increase vehicular and pedestrian traffic within the modified District which will increase commerce
and help to attract new and retain existing businesses and patrons. This Ambassador Program will
be provided only within the modified CMD boundaries; therefore these services constitute "special
benefits" to the assessed parcels.
4. Physical Enhancement & Amenities
The Physical Enhancement category consists of capital improvements that may include
tree /landscape planting, additional street furniture, fixtures and equipment, and other streetscape
amenities the Board deems appropriate. These amenities include light pole and skyline banners,
advertising and information kiosks, decorations, directories, and special lighting.
These improvements will beautify and enhance the image of Downtown Santa Ana and thereby
increase pedestrian and vehicular traffic to the District. This activity is designed to enhance the
shopping experience within the modified District boundaries. Because the Physical Enhancement
program will be provided only within the modified District, these improvements will constitute
0
"special benefits" to the assessed parcels.
5. Administration and Operations
Included in the Administration component are the costs for an Executive Director, Marketing &
Promotions Coordinator, office support staff, office expenses, legal fees, accounting /bookkeeping
fees, and Directors & Officers and General Liability insurance.
Each of these programs and activities work together to create a more pleasing environment within the District that is
conducive to strengthening the current and future economic vitality of this area through the attraction and retention of
new business, increased commerce and enhanced livability for residents. The programs, improvements and services
are designed to specifically benefit identified properties within the modified CMD boundaries. The proposed CMD
assessments will only be levied on identified properties within the modified CMD boundaries and assessment
revenues will be spent to deliver services that provide a direct and special benefit to assessed parcels and to improve
the economic vitality of these properties.
CBD programs and activities, in accordance with Article 13D Section 4 of the California State Constitution confer a
combination of general and special benefits. Only program benefits which are attributed to special benefits conferred
on the identified parcels can be funded through assessments. A portion of the program costs are considered
attributable to general benefits and must be assigned a value. Similar to the manner in which liquidated damages for
delays in public works projects are considered indeterminable and set at a fixed amount per day, the exact value of
general benefits in an assessment district is precisely indeterminable and instead shall be set at a fixed percentage of
district costs. It is the opinion of this Engineer that because all of the proposed programs and services are
supplemental in nature and are limited to identified parcels only within the proposed district boundaries, that a
general benefit value will be set at 5% of the total adjusted costs. (Total adjusted costs include actual proposed
assessment district program costs plus any additional supplemental or matching program costs as well as applied
credits from sources such as start up grants, cash and in -kind service contributions for district formation and owners
association Board /Committee member service credits.) This leaves a value of 95% attributable to special benefit
related costs. Since the total program cost is estimated at $865,000 (see Year 3 Cost chart later in this Report), the
maximum special benefit portion which can be funded through property assessments is $821,750. Remaining costs
which are attributed to general benefits will need to be funded from other sources. (e.g. public /private matching
grants, startup grants, in -kind service contributions for district formation, startup volunteer credits or ongoing board
member volunteer credits).
Finding 3• From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in
9
relationship to the entirety of the.......... cost of public improvement(s) or the maintenance and operation
expenses ........... or the cost of the property related service being provided.
Each identified parcel within the district will be assessed primarily based on property and development characteristics
unique only to that parcel. The calculated assessment rates are applied to the actual measured parameters of each
parcel and thereby are proportional to each and every other identified parcel within the district. Larger parcels with
greater street frontages and larger buildings are expected to impact the demand for services and programs to a greater
extent than smaller ones and thus, are assigned a higher proportionate degree of assessment program and service
costs. The proportionality is further achieved by setting targeted formula component weights for the respective parcel
by parcel identified land and building attributes
The proportionate special benefit cost for each parcel has been calculated based on optimum proportionate formula
components and are each listed on Attachment 1 to this Report. The individual percentages (i.e. proportionate
relationship to the total special benefit related program and activity costs) is computed by dividing the individual
parcel assessment by the total special benefit program costs.
Finding 4. From Section 4(a): "No assessment shall be imposed on any parcel which exceeds the reasonable
cost of the proportional special benefit conferred on that parcel."
The proposed program costs are reasonable due to the benefit of group purchasing and contracting which is possible
through the Modified Downtown Santa Ana CMD. The actual assessment rates for each parcel within the modified
CMD directly relate to the level of service to be provided based on the respective lot size, building size and amount
of street frontage of each parcel.
Finding 5. From Section 4(a): "Parcels ........ that are owned or used by any (public) agency shall not be exempt
from assessment.........."
Identified publicly owned parcels within the CMD shall receive benefits commensurate with the assessments paid
into the Modified Downtown Santa Ana CMD. There is no compelling evidence that identified publicly owned
parcels do not benefit equally to privately owned parcels and, thus, will be assessed in the same manner and rates as
private parcels in the CMD. The exception to this will apply to government owned and fully occupied /utilized
government buildings and premises where there is no clear and convincing evidence that such parcels will receive
special benefits from CMD funded programs. The CMD programs would duplicate services already provided on a
regular basis to these parcels and thus, no CMD services will be provided adjacent to or specifically for the benefit of
government owned and occupied parcels.
10
Finding 6. From Section 4(b): "All assessments must be supported by a detailed engineer's report prepared by
a registered professional engineer certified by the State of California ".
This report serves as the "detailed engineer's report" to support the benefit property assessments proposed to be
levied within the Modified Downtown Santa Ana CMD.
Finding 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be calculated
(along with) the total amount thereof chargeable to the entire district, the duration of such payments, the
reason for such assessment and the basis upon which the amount of the proposed assessment was calculated."
The individual and total parcel assessments attributable to special property benefits are listed on Attachment 1 to this
Report. The District and resultant assessment payments will continue for the remaining three years of the 5 year CMD
term and may be renewed again at that time. The reasons for the proposed assessments are outlined in Finding 2
above as well as in the Modified Management District Plan. The calculation basis of the proposed assessment is
attributed in part to a fixed parcel fee, the gross building area, the parcel size and the street frontage for commercial
properties (including multi- family residential parcels) and net building area for single family residential uses
including residential condominiums. There is one Benefit Zone identified.
Assessment Formula Methodology
Step 1. Select "Basic Benefit Unit(s)"
CBD assessment formulas typically are based on street frontage, parcel size, building size and /or location, all of
which relate to the amount of special benefit conferred on a particular parcel and the proportionate assessment to be
paid. The formula may base assessments on a single factor or a combination of these factors.
Based on the specific needs and corresponding nature of the program activities to be funded by the Modified
Downtown Santa Ana CMD, it is the opinion of this Assessment Engineer that the assessment factors on which to
base assessment rates relate directly to the proportionate amount of building area, parcel size and street frontage.
Building area, parcel size, and street frontage are each targeted to generate approximately 30% of all revenues while
the fixed parcel fee is targeted to generate approximately 10 %.
For commercial uses, the interactive application of building area, parcel size and street frontage quantities are a
proven method of fairly and equitably spreading special benefit costs to these primary beneficiaries (commercial uses)
of CMD funded services, programs and improvements. Each of these factors directly relates to the degree of benefit
each parcel will receive from CMD funded activities.
11
Building - area (gross) is a direct measure of the static utilization of each parcel and its corresponding impact or draw
on CMD funded activities such as marketing /promotions, clean and safe, and administration /operations. In the
opinion of this Assessment Engineer, the targeted weight of this factor, gross building area, should generate
approximately 30% of the total CMD revenues.
Land area is a direct measure of the current and future development capacity of each parcel and, again, its
corresponding impact or draw on CBD funded activities such as areawide image and physical enhancement, and
administration /operations. In the opinion of this Assessment Engineer, the targeted weight of this factor, land area,
should generate approximately 30% of the total CBD revenue
Street frontage is a direct measure, again, of the static utilization of each parcel and its corresponding impact or draw
on CMD funded activities such as maintenance, areawide image and physical enhancement, and administration/
operations. In the opinion of this Assessment Engineer, the targeted weight of this factor, street frontage, should
generate approximately 30% of the total CMD revenues.
The fixed parcel fee represents the fixed costs of managing the CMD and its various programs and in the opinion of
this Assessment Engineer, the targeted weight of this factor should generate approximately 10% of the total CMD
revenues.
It is noted that due to the nature of certain land uses and ownerships, it is the finding of this Engineer that they will
either not benefit or will receive diminished benefit from certain programs and services and thus will either not be
assessed or will be assessed on a modified basis. Such land uses include:
l�Tnt A ccPCCPrI•
• Non - profit /limited partnership or government owned affordable housing developments regulated by restricted
covenants or regulatory agreements with a public agency.
• Government owned and fully occupied /utilized parcels, buildings and related premises.
Reduced Assessments:
• Charitable non - profit fully occupied /utilized parcels, buildings and related premises including religious places
of worship will, in the opinion of this Engineer receive diminished benefits and will be assessed at 25% of
applicable commercial rates.
• Multiple family residential uses will, in the opinion of this Engineer receive diminished benefits and will be
assessed at 25% of applicable commercial rates.
12
• Single family uses including residential condominiums will, in the opinion of this Engineer receive diminished
benefits and will be assessed at the rate of 10 cents per square foot of building pad area.
It is noted that ground floor commercial condominiums will be treated like independent "mini" commercial buildings
and assessed based on their divided building area and the amount of direct street frontage towards the exterior of the
building, if any, that they possess. Upper floor commercial condominiums will be assessed based only on their
divided building area since they do not directly cover the hypothetical ground /land plane nor do they possess direct
street frontage. This is not unlike other commercial buildings where ground floor retail /service spaces are typically
triple net leases where assessments can be directly passed on to tenants by property owners via individual leases
whereas upper office floors are typically gross leases where assessments are often absorbed by property owners,
possibly until such time as leases are renegotiated.
Relative to residential uses in traditionally commercially zoned areas, more and more business districts are, by design
and creative zoning, becoming cores of highly active mixed use new developments and /or adaptive re -use of
antiquated under - utilized or formerly empty upper building spaces. These uses are no longer just coincidental but are
instead a major stakeholder component with unique needs and impacts on the contemporary urban setting. While
residents may indeed not benefit from traditional business related activities such as marketing /promotions and certain
image campaigns targeting customers, they do require unique services on a more extensive 24/7 basis than even their
commercial counterparts and have needs for special "residential neighborhood" oriented amenities. Since many of
these residential units may be built as, divided as, or converted to condominiums, the assessment methodology is
different than for commercial assessments. In the opinion of this Assessment Engineer, the only factor logically that
can be assessed for these residential uses is livable space (net building area per unit or complex) which is a measure
of the impact and draw on CMD funded activities.
The "Basic Benefit Units" for commercial uses and multi- family residential uses will be expressed as a combined
function of gross building square footage (Benefit Unit "A "), parcel size (Benefit Unit "B "), and street frontage
(Benefit Unit "C "). In addition, single family residential use assessments (including condominiums) will be based on
livable (net) building space square footage (Benefit Unit "D "). Based on the shape of the Modified Downtown Santa
Ana CMD, as well as the nature of the District program elements, it is determined that all properties will gain a direct
and proportionate degree of benefit based on the respective amount of building size (gross), parcel size and street
frontage and for single family residential uses, assessments will be based on net livable (net) building space.
Step 2• Quantify Total Basic Benefit Units
Taking into account all identified benefiting properties and their respective assessable benefit units, there are 120
commercial parcels and 69 residential condominiums within the CMD; 2.5 million Benefit Units A, 2.15 million
13
Benefit Units B, 28,500 Benefit Units C, and 124,550 Benefit Units D.
Step 3. Calculate Benefit Units for Each Property.
The number of Benefit Units for each identified benefiting parcel within the Modified Downtown Santa Ana CMD
was computed from data extracted from City and County of Orange Assessor records and maps. These data sources
delineate current land uses, property areas and dimensions of record for each tax parcel. While it is understood that
this data does not represent legal field survey measurements or detailed title search of recorded land subdivision maps
or building records, it does provide an acceptable basis for the purpose of calculating property based assessments. All
respective property data being used for assessment computations has been provided to each property owner in the
CMD for their review. All known or reported discrepancies, errors or misinformation will be corrected.
Step 4. Determine Assessment Formula
Based on the nature of the programs to be funded as well as other rationale outlined in Step 1 above, it has been
determined that the Modified Downtown Santa Ana CMD assessments for Years 3, 4 and 5 will be based on building
area (net or gross), parcel size and street frontage.
Year 3 Assessment Formula Unit Costs:
(Benefit Unit "A ")
_ $0.10 /SF
(Benefit Unit "B ") _
$0.15 /SF
(Benefit Unit "C ") _
$6.00 /LF
(Benefit Unit "D ")
_ $0.10 /SF
Step 5. Estimate Total Year 3 District Costs
The total projected District costs for Year 3 of the modified CMD are as follow:
$ 72500 = CMD assessment funded programs
$ 300 = Non -CMD funded programs
$ 2000 = pro -rated initial formation cost credits
$ 500 = pro -rated initial volunteer cost credits
$ 1200 = annual Board /Committee volunteer cost credits
$ 100,000 = estimated annual minimum City grants and in -kind service cost credits
$ 86500 = Total Year 3 CMD costs /credits
14
The Year 3 projected budget is as follows:
Programs & Activities
Year 3
Maint & Landscaping
$187,720
Marketing & Promotions
$267,140
Ambassador Program
$151,620
Physical Enhancement
$43,320
Admin & Operations
$75,200
TOTAL
$7259000
Step 6• Separate General Benefits from Special Benefits and Related Costs (Prop 218)
All benefits derived from the assessments outlined in the Management District Plan are for supplemental services,
programs and improvements directly benefiting the property owners within this area. All CMD funded activities are
provided solely to properties within the Modified Downtown Santa Ana CMD. All services will be delivered only
within the boundaries and designed only for the direct special benefit of the assessed properties in the CMD. No
services will be provided to non - assessed parcels outside the CMD boundaries.
Total program and activity costs are estimated at $865,000. General benefits are factored at 5% of total (see Finding 2
in this report) with special benefits set at 95 %. Proposition 218 limits the levy of property assessments to costs
attributed to special benefits only. The 5% general benefit cost is computed to be $43,250 with a resultant 95%
special benefit limit computed at $821,750. This is the maximum amount of revenue that can be derived from
property assessments f om the subject district in Year 3. This maximum may increase on an annual basis in
subsequent years (years 4 and 5) to adjust for inflation by 5% as described in the Modified Management District Plan.
The total amount of revenue proposed to be derived from district assessments is $722,000 for Year 3, which does not
exceed the special benefit limit of $821,750. Therefore, no Proposition 218 adjustments need to be made to the
proposed assessment formula. Remaining costs which are attributed to general benefits will need to be funded from
other sources. (e.g. public /private matching grants, startup grants, in -kind service contributions for district formation,
startup volunteer credits or ongoing board member volunteer credits).
Step 7• Calculate "Basic Unit Cost"
With a Year 3 assessment revenue of $722,000 (special benefit only), the Basic Unit Costs are shown above in Step 4.
Since the CMD is being modified for the remaining three years of a five year term, maximum assessments for future
15
years (Years 4 and 5) must be set at the modified date of the CMD. An annual flat inflationary rate increase of up to
5% may be imposed for Years 4 and 5. Therefore the maximum annual rates may not increase more than 5% of the
previous year's rates. The maximum annual assessment revenue for Years 3 -5 is shown in the Modified Management
District Plan.
Step g• Spread the Assessments
The resultant assessment spread calculation results for each parcel within the modified CMD are shown in
Attachment 1 attached hereto and were determined by applying the District assessment formula to each identified
benefiting property.
16
ATTACHMENT 1
Modified Downtown Santa Ana CMD Year 3 Assessments and Basis
Parcel
398 - 264 -17
$17078
398 - 501 -03
$17425
Number
Year 3 Assmt
398 - 264 -18
$37932
398 - 501 -04
$27575
398 - 252 -04
$67160
398 - 267 -01
$37900
398 - 501 -05
$17200
398 - 252 -07
$297123
398 - 267 -02
$17656
398 - 501 -06
$17425
398 - 253 -06
$347879
398 - 267 -03
$107952
398 - 501 -07
$17395
398 - 254 -01
$77713
398 - 267 -09
$37013
398 - 501 -08
$17050
398 - 254 -02
$27069
398 - 273 -01
$57954
398 - 501 -09
$17809
398 - 254 -11
$97000
398 - 273 -02
$27364
398 - 501 -10
$17165
398 - 255 -19
$37280
398 - 273 -03
$27943
398 - 501 -11
$17950
398 - 255 -20
$17553
398 - 273 -04
$77543
398 - 501 -12
$27127
398 - 255 -21
$27650
398 - 274 -01
$27978
398 - 501 -13
$37937
398 - 255 -30
$47702
398 - 274 -02
$17350
398 - 501 -14
$17018
398 - 257 -01
$47354
398 - 274 -03
$67781
398 - 503 -01
$27940
398 - 257 -02
$27023
398 - 274 -04
$47139
398 - 503 -02
$37025
398 - 257 -03
$17945
398 - 277 -09
$77991
398 - 503 -03
$17695
398 - 257 -04
$17045
398 - 277 -10
$107775
398 - 503 -10
$57351
398 - 257 -05
$17011
398 - 278 -01
$27034
398 - 503 -11
$67355
398 - 257 -06
$990
398 - 278 -02
$17350
398 - 505 -04
$987
398 - 257 -07
$17057
398 - 278 -03
$17350
398 - 505 -07
$17164
398 - 257 -08
$17833
398 - 278 -04
$57329
398 - 505 -08
$17219
398 - 257 -09
$57621
398 - 278 -05
$17813
398 - 505 -09
$17939
398 - 257 -10
$17145
398 - 278 -06
$17813
398 - 505 -10
$17386
398 - 257 -11
$37025
398 - 278 -07
$37025
398 - 505 -11
$27879
398 - 258 -01
$67159
398 - 278 -08
$37025
398 - 505 -12
$17331
398 - 258 -02
$37632
398 - 321 -01
$77534
398 - 505 -13
$37398
398 - 258 -03
$67066
398 - 321 -02
$27880
398 - 505 -14
$27680
398 - 258 -04
$945
398 - 321 -03
$37196
398 - 505 -15
$27045
398 - 258 -05
$17295
398 - 321 -04
$37707
398 - 505 -16
$57147
398 - 258 -13
$47713
398 - 321 -05
$17296
398 - 511 -09
$117905
398 - 258 -08
$47576
398 - 321 -06
$27146
398 - 512 -01
$37916
398 - 258 -09
$17643
398 - 321 -07
$17350
398 - 512 -02
$17922
398 - 258 -10
$17912
398 - 321 -08
$27799
398 - 512 -03
$17459
398 - 258 -12
$77015
398 - 322 -01
$187425
398 - 512 -04
$17459
398 - 264 -01
$37257
398 - 325 -01
$157108
398 - 512 -05
$27960
398 - 264 -02
$27290
398 - 326 -08
$27450
398 - 512 -06
$27750
398 - 264 -03
$17297
398 - 326 -10
$87165
398 - 512 -07
$77042
398 - 264 -04
$17342
398 - 326 -11
$157117
398 - 513 -01
$67670
398 - 264 -05
$17568
398 - 327 -01
$57269
398 - 513 -02
$17350
398 - 264 -06
$17568
398 - 327 -06
$47325
398 - 513 -04
$17209
398 - 264 -07
$77888
398 - 327 -07
$37737
398 - 513 -06
$27231
398 - 264 -09
$617
398 - 327 -08
$37355
398 - 513 -07
$17774
398 - 264 -10
$37030
398 - 327 -09
$117045
398 - 514 -01
$27066
398 - 264 -13
$287265
398 - 328 -01
$237256
398 - 514 -02
$17963
398 - 264 -14
$980
398 - 328 -02
$17350
398 - 514 -03
$17229
398 - 264 -15
$107681
398 - 501 -01
$17480
398 - 514 -04
$77088
398 - 264 -16
$27616
398 - 501 -02
$17521
398 - 591 -01
$27900
17
398
- 591
-02
$17081
937
-83
-302
$153
937
-83
-335
$154
398
- 591
-03
$37869
937
-83
-303
$200
937
-83
-336
$139
398
- 591
-04
$17231
937
-83
-304
$231
937
-83
-337
$198
398
- 591
-05
$37877
937
-83
-305
$231
937
-83
-338
$208
398
- 591
-06
$27750
937
-83
-306
$200
937
-83
-339
$208
398
- 591
-07
$47071
937
-83
-307
$231
937
-83
-340
$198
398
- 591
-08
$17708
937
-83
-308
$200
937
-83
-341
$139
398
- 591
-09
$27225
937
-83
-309
$153
937
-83
-342
$154
398
- 591
-10
$47490
937
-83
-310
$169
937
-83
-343
$154
398
- 592
-01
$117406
937
-83
-311
$169
937
-83
-344
$139
398
- 592
-07
$57265
937
-83
-312
$153
937
-83
-345
$208
398
- 592
-08
$37864
937
-83
-313
$200
937
-83
-346
$198
398
- 592
-09
$37142
937
-83
-314
$231
937
-83
-347
$139
398
- 593
-01
$137226
937
-83
-315
$231
937
-83
-348
$154
398
- 593
-02
$47154
937
-83
-316
$200
937
-83
-349
$154
398
- 593
-03
$17646
937
-83
-317
$153
937
-83
-350
$139
398
- 593
-04
$27922
937
-83
-318
$169
937
-83
-351
$198
398
- 593
-05
$37599
937
-83
-319
$169
937
-83
-352
$208
398
- 593
-06
$27649
937
-83
-320
$153
937
-83
-353
$139
398
- 593
-07
$97671
937
-83
-321
$200
937
-83
-354
$154
398
- 593
-08
$47670
937
-83
-322
$231
937
-83
-355
$154
398
- 601
-01
$57393
937
-83
-323
$169
937
-83
-356
$139
398
- 601
-02
$57313
937
-83
-324
$153
937
-83
-357
$198
398
- 601
-03
$77952
937
-83
-325
$200
937
-83
-358
$208
398
- 602
-02
$57993
937
-83
-326
$231
937
-83
-359
$201
398
- 602
-03
$27047
937
-83
-327
$208
937
-83
-360
$198
398
- 602
-04
$27185
937
-83
-328
$198
937
-83
-361
$139
398
- 603
-02
$37919
937
-83
-329
$139
937
-83
-362
$154
937
-83 -297
$231
937
-83
-330
$154
937
-83
-363
$154
937
-83 -298
$200
937
-83
-331
$154
937
-83
-364
$139
937
-83 -299
$153
937
-83
-332
$139
937
-83
-365
$198
937
-83 -300
$169
937
-83
-333
$139
937
-83
-366
$208
937
-83 -301
$169
937
-83
-334
$154
17
ROH (08/24/11)
RESOLUTION NO. 2011 -XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA MODIFYING THE MANAGEMENT DISTRICT
PLAN TO ADJUST THE BOUNDARIES AND ENGINEER'S
REPORT FOR THE DOWNTOWN SANTA ANA
COMMUNITY MANAGEMENT DISTRICT.
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, by Resolution No. 2008 -078, which was later
amended by Resolution No. 2009 -026, 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
(the "CMD ").
B. Pursuant to Section 13 -204 of the Law, a Management District Plan was
adopted for the CMD. The Management District Plan includes a
description of the boundaries of the district, as well as an engineer's
report, prepared by a registered professional engineer, which complies
with the requirements of Sections 4(a), (b), and (c) of Article XIIID of the
California Constitution.
C. Section 13 -212 of the Law permits the Management District Plan for the
CMD to be modified by notice of a resolution of intention being sent to all
owners affected by the proposed modifications, and published.
D. A written request was submitted by Downtown, Inc. requesting the City
Council to initiate proceedings pursuant to the Law to modify the
Management District Plan for the CMD. The written request from
Downtown, Inc. is incorporated herein by this reference.
E. On August 1, 2011, The City Council adopted Resolution No. 2011 -049
stating its intent to consider, at a public hearing on August 24, 2011,
amending all maps, notices, and descriptions of the boundaries in the
Management District Plan and required by the Law, including the
Engineer's Report, to reflect the decreased boundaries of the CMD
proposed by Downtown, Inc., which will reduce the number of parcels
included within the district.
EXHIBIT 3
75A -5 Resolution No. 2011 -XXX
Page 1 of 3
F. Pursuant to Section 13 -212 of the Law, notice of the draft resolution of
intention was mailed and notice of the final resolution of intention was
mailed and published as required by the Law.
Section 2. A duly noticed public hearing was held on August 24, 2011, as
required by the Law.
Section 3. The Management District Plan of the CMD, including the
boundaries and the Engineer's Report, shall be modified as proposed by Downtown,
Inc. to decrease the number of parcels included within the CMD. All other necessary
actions required by the Law to effectuate this amendment shall be taken, including the
recording of an amended notice and map with the county describing the amended
assessment district.
Section 4. The Management District Plan for the Santa Ana Downtown
Community Management District, as amended to reflect the changes set forth in Section
3 of this Resolution and on file in the Clerk's Office, is hereby approved and shall
supersede the Plan previously approved by the City Council.
Section 5. 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 24th day of August, 2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph A. Straka
Interim City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2011 -XXX
Page 2 of 3 75A -6
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2011 -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
EXHIBIT 3
75A -7 Resolution No. 2011 -XXX
Page 3 of 3
[rlIQOO�