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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 Page 1 of 4 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 Resolution No. 2016-003 Page 2 of 4 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. Resolution No. 2016-003 Page 3 of 4 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 Page 4 of 4