HomeMy WebLinkAbout12A - INTENT TO MODIFY COMMUNITY MANAGEMENT DISTRICT
REQUEST FOR
COUNCIL ACTION
a
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CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY:
AUGUST 1 2011
TITLE: APPROVED
? As Recommended
RESOLUTION OF INTENTION TO MODIFY El Amended
? Or dinance on 1S` Reading
THE MANAGEMENT DISTRICT PLAN TO ? Ordinance on 2"d Reading
ADJUST THE BOUNDARIES FOR THE ? Implementing Resolution
DOWNTOWN SANTA ANA COMMUNITY ? Set Public Hearing For
MANAG'EME--I~IT DISTRICT CONTINUED TO
!1
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Adopt a Resolution of Intention to modify the Management District Plan to adjust the boundaries
and Engineer's Report for the Downtown Santa Ana Community Management District, and
establish a time and place for a public hearing to be held by the City Council on August 15, 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. has
submitted a written request for City Council to modify the boundaries of the CMD and has also
submitted a proposed map (Exhibit 2, Map #1). This item was continued from the July 18, 2011,
City Council meeting to allow additional maps to be submitted for consideration. Attached are the
three additional maps received (Exhibit 2, Maps #2, #3, and #4).
All proposed modifications are to decrease the boundaries of the CMD, which will reduce the
number of parcels included within the district. If modifications to the boundaries are approved at a
public hearing, the Management District Plan and the Engineer's Report will also need to be
amended. The Engineer's Report is critical in substantiating and analyzing the special benefits
conferred within the proposed amended boundaries of the CMD.
Section 13-212 of the Santa Ana Municipal Code requires the City Council to adopt of resolution of
intent stating the proposed modifications, and then a public hearing must be held not more than
12A-1
illl
Resolution of Intention to Modify the Management
District Plan to Adjust CMD Boundaries
August 1, 2011
Page 2
ninety days after the adoption of the resolution of intent. The public hearing for City Council to
consider Downtown Inc.'s request is scheduled for August 15, 2011.
The property owners were notified of this pending action before the City Council, and the
appropriate public notice of the meeting was published in the newspaper as required by Section
13-212.
FISCAL IMPACT
There is no fiscal impact associated with this action.
'h " w-r~ Ydxja-&w-
Nancy T. E ards
Interim Exec tive Director
Community Development Agency
NTE/sg
Exhibits: 1. Resolution of Intent to set a Public Hearing
2. Proposed Maps 1-4
12A-2
ROH (08/01/11)
RESOLUTION NO. 2011-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA STATING ITS INTENTION TO MODIFY THE
MANAGEMENT DISTRICT PLAN TO ADJUST THE
BOUNDARIES AND ENGINEER'S REPORT FOR THE
DOWNTOWN SANTA ANA COMMUNITY MANAGEMENT
DISTRICT, AND SETTING A TIME AND PLACE FOR
PUBLIC HEARING THEREON
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. Pursuant to Article XX of Chapter 13 of the Santa Ana Municipal Code
(the "Law"), the City Council established the Downtown Santa Ana
Community Management District (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 has been 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. The proposed modification is to decrease the boundaries of the CMD,
which will reduce the number of parcels included within the district.
F. The City proposes to have all maps, notices, and descriptions of the
boundaries in the Management District Plan and required by the Law
amended to reflect the revised boundaries.
EXHIBIT 1
12A-3 Resolution No. 2011-XXX
Page 1 of 3
G. The proposed modification to decrease the boundaries of the CMD also
requires an amendment of the Engineer's Report in order to analyze the
special benefits conferred within the proposed amended boundaries of the
CMD.
H. The City proposes to have the Engineer's Report amended in conformity
with the revised boundaries of the CMD.
1. Notice of this Resolution of Intention has been mailed and published as
required by the Law.
Section 2. Pursuant to Sections 13-212 of the Law, the City Council declares
its intention to modify the Management District Plan of the CMD, including the
boundaries and the Engineer's Report, as proposed by Downtown, Inc. to decrease the
number of parcels included within the CMD.
Section 3. NOTICE IS HEREBY GIVEN that the City Council shall conduct a
public hearing on the modification of the CMD Boundaries, Management District Plan,
and Engineer's Report on August 15, 2011, at 6:00 p.m., or as soon thereafter as the
matter may be heard, in the City Council Chambers located at 22 Civic Center Plaza,
Santa Ana, California 92702.
Section 4. This Resolution shall take effect immediately upon its adoption by
the City Council, and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this 1st day of August, 2011.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
By:
Joseph A. Straka
Interim City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Resolution No. 2011-XXX 12A-4
Page 2 of 3
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 1
Resolution No. 2011-XXX
12A-5 Page 3 of 3
12A-6
Proposed Maps 1-4
Exhibit 2
72A-7
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