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HomeMy WebLinkAbout2011-056 - Boundaries and Engineer's Report for the Downtown Santa Ana Community Management DistrictROH (08/24/11) RESOLUTION NO. 2011-056 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. Resolution No. 2011-056 Page 1 of 4 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. APPROVED AS TO FO By: ph Straka m ity Attorney Resolution No. 2011-056 Page 2 of 4 AYES: Councilmembers: Alvarez, Benavides, Bustamante, Martinez, Tinaiero (5) NOES: Councilmembers: None ( 0) ABSTAINED & NOT PRESENT: Councilmembers: _P_ulido, Sarmiento (2) NOT PRESENT: Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2011-056 to be the original resolution adopted by the City Council of the City of Santa Ana on August 24, 2011. Date: r S k? t! Clerk of the Council City of Santa Ana Resolution No. 2011-056 Page 3 of 4 ISSSOa lsssoa Q 5 (13 o \ L O N L) CO L- -0 CL N IS NOIaVd 0 1S NOlatld O Q. 'C ' Q o _ ?-0 as ?. m CL ca s L t t a v, <n is aarro?d !s aaelow N f S { Ep f r r O N V a? C N E N ? O O (a U 0 C 4 N E E o to U N N r ca ca C C Q o ca 4- _ (0 3 (/) o 46 c o ? o U? O C U N to a I-VI IIr%IT A Resolution No. 2011-056 Page 4 of 4