HomeMy WebLinkAbout2016-003 - Perlminary Approval to the Engineer's Report of the Assessment EngineerRESOLUTION NO. 2016-003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA PASSING UPON AND GIVING
PRELIMINARY APPROVAL TO THE ENGINEER'S
REPORT OF THE ASSESSMENT ENGINEER, SETTING
THE TIME AND PLACE FOR A PUBLIC HEARING AND
ORDERING THE INITIATION OF ASSESSMENT BALLOT
PROCEDURES FOR ASSESSMENT DISTRICT NO. 2015-
01 (WARNER INDUSTRIAL COMMUNITY)
WHEREAS, the City Council of the City of Santa Ana, California, has instituted
proceedings to finance the cost of the acquisition or construction of certain public
improvements and appurtenances pursuant to the provisions of the "Municipal
Improvement Act of 1913" (the "Improvement Act"), being Division 12 of the Streets and
Highways Code of the State of California (commencing with Section 10000), in a special
assessment district known and designated as Assessment District No. 2015-01 (Warner
Industrial Community) (the "Assessment District"); and,
WHEREAS, there has been prepared and filed with this legislative body a report
of the Assessment Engineer (the "Engineer's Report") as provided for in and required by
the Improvement Act, Article XIIID of the Constitution of the State of California ("Article
XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code
Section 53750 and following) (the "Implementation Act") (the Improvement Act, Article
XIIID and the Implementation Act are referred to herein collectively as the "Assessment
Law") and the Engineer's Report has been presented to this legislative body for its
consideration; and,
WHEREAS, Resolution No. 2015-030 declaring the intention of the City Council
to finance the cost of the acquisition or construction of the subject improvements
through the levy of assessments within the Assessment District was previously adopted
on July 7, 2015 by the City Council; and the Engineer's Report as now presented shall
stand as the Engineer's Report for the purpose of subsequent proceedings hereunder.
NOW, THEREFORE, be it resolved by the City Council of the City of Santa Ana,
California, as follows:
Section 1. The above recitals are true and correct.
Section 2. The Engineer's Report referred to herein above is adopted, passed
upon and preliminarily approved, as follows:
A. The plans and specifications for the improvements proposed to be
acquired or constructed, as contained in the Engineer's Report, are hereby
preliminarily approved and adopted;
Resolution No. 2016-003
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B. The Assessment Engineer's estimate of the itemized and total costs and
expenses of the acquisition or construction of the improvements and of the
incidental expenses in connection therewith contained in the Engineer's
Report, including that portion of such costs and expenses representing the
special benefit to be conferred by such improvements on those parcels
within the Assessment District, and each of them are hereby preliminarily
approved and adopted;
C. The diagram showing the Assessment District referred to and described in
the Resolution of Intention, and also the boundaries and dimensions of the
respective subdivisions of land within such Assessment District, as the
same existed at the time of the passage of such Resolution of Intention,
each of which subdivisions have been given a separate number upon
such diagram, as contained in the Engineer's Report, is hereby
preliminarily approved and adopted;
D. The proposed assessment upon the several subdivisions of land in the
Assessment District, in proportion to the estimated special benefits to be
conferred on such subdivisions, respectively, by the improvements to be
acquired or constructed, and of the incidental expenses thereof, as
contained in the Engineer's Report, are hereby preliminarily approved and
adopted;
E. A description of the improvements proposed to be acquired or constructed
contained in the Engineer's Report are hereby preliminarily approved and
adopted.
Section 3. The Engineer's Report shall stand as the Assessment Engineer's
Report for the purpose of all subsequent proceedings had pursuant to the Resolution of
Intention.
Section 4. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING TO
CONSIDER PROTESTS TO THE PROPOSED ASSESSMENTS IS HEREBY
SCHEDULED TO BE HELD AT THE COUNCIL CHAMBER OF THE CITY OF SANTA
ANA LOCATED AT 22 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA ON APRIL
5, 2016 AT 5:45 P.M. OR AS SOON THEREAFTER AS MAY BE HEARD BY THE CITY
COUNCIL.
RIGHT TO SUBMIT ASSESSMENT BALLOT
PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW, THE
RECORD OWNER OF EACH PARCEL PROPOSED TO BE ASSESSED HAS THE
RIGHT TO SUBMIT AN ASSESSMENT BALLOT IN FAVOR OF OR IN OPPOSITION
TO THE ASSESSMENT PROPOSED TO BE LEVIED ON SUCH PARCEL.
ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD OWNER OF
EACH PARCEL LOCATED WITHIN THE ASSESSMENT DISTRICT AND PROPOSED
TO BE SUBJECT TO AN ASSESSMENT. EACH SUCH OWNER MAY COMPLETE
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SUCH ASSESSMENT BALLOT AND THEREBY INDICATE SUCH OWNER'S
SUPPORT FOR OR OPPOSITION TO THE PROPOSED ASSESSMENT. ALL SUCH
ASSESSMENT BALLOTS MUST BE RECEIVED BY THE CLERK OF THE COUNCIL
AT THE FOLLOWING ADDRESS AT OR BEFORE THE TIME SET FOR THE CLOSE
OF THE PUBLIC HEARING:
CLERK OF THE COUNCIL
CITY OF SANTA ANA
20 CIVIC CENTER PLAZA, 8TH FLOOR
SANTA ANA, CALIFORNIA 92702
AN ASSESSMENT BALLOT RECEIVED AFTER THE CLOSE OF THE PUBLIC
HEARING WILL NOT BE TABULATED EVEN THOUGH THE POSTMARK ON THE
ENVELOPE TRANSMITTING THE ASSESSMENT BALLOT IS DATED ON OR
BEFORE THE DATE OF THE PUBLIC HEARING.
AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COUNCIL
SHALL CAUSE THE TABULATION, PURSUANT TO GOVERNMENT CODE SECTION
53753, OF THE ASSESSMENT BALLOTS TIMELY RECEIVED. IF A MAJORITY
PROTEST, AS DESCRIBED BELOW, EXISTS THE CITY COUNCIL SHALL NOT
IMPOSE AN ASSESSMENT WITHIN THE ASSESSMENT DISTRICT. A MAJORITY
PROTEST EXISTS IF THE ASSESSMENT BALLOTS SUBMITTED, AND NOT
WITHDRAWN, IN OPPOSITION TO THE PROPOSED ASSESSMENT EXCEED THE
ASSESSMENT BALLOTS SUBMITTED, AND NOT WITHDRAWN, IN FAVOR OF
SUCH ASSESSMENT. IN TABULATING THE ASSESSMENT BALLOTS, EACH
ASSESSMENT BALLOT SHALL BE WEIGHTED BY THE AMOUNT OF THE
PROPOSED ASSESSMENT TO BE IMPOSED UPON THE IDENTIFIED PARCEL FOR
WHICH SUCH ASSESSMENT BALLOT WAS SUBMITTED.
Section 5. The Clerk of the Council is hereby directed to mail or cause to be
mailed notice of the Public hearing and the adoption of the Resolution of Intention and
of the filing of the Engineer's Report, together with the assessment ballot materials, to
the record owner of each parcel proposed to be assessed at least 45 days prior to the
public hearing.
Section 6. The Clerk of the Council is hereby further directed to file or cause to
be filed a copy of the proposed boundary map in the Office of the County Recorder
within fifteen (15) days of the adoption of this resolution; such boundary map to be in
the manner and form as set forth in Division 4.5 of the Streets and Highways Code of
the State of California.
Section 7. For purposes of tabulating the assessment ballots for these
proceedings as required pursuant to the Assessment Law, the City Council hereby
designates Maria D. Huizar, the Clerk of the Council (the "City Clerk"), to act as the
tabulation official to tabulate the assessment ballots submitted.
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Section 8. The City Council hereby designates the City Engineer as the
Superintendent of Streets for purposes of these proceedings.
ADOPTED this 19th day of January, 2016.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
m
AYES: Councilmembers: Benavides Martinez Pulido Reyna
Sarmiento Tinajero (6)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers: Amezcua (1)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2016-003 to be the original resolution adopted by the City Council of the
City of Santa Ana on January 19, 2016.
Date: (p Q y� ry,� W,::::
Clerk of the Council
City of Santa Ana
Resolution No. 2016-003
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