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of the Planning Commission to justify its decision for granting the variance; that certain jurisdictional facts must be found and were not found, in his opinion; and that the Planning Commission has acted improperly in granting the variance. He said the Municipal Code states the Commission shall make written findings which shall specify all the facts relied upon by the Commission. After discussion by Council, it was moved by Councilman Brooks, seconded by Councilman Herrin and carried, to table the matter to the March Srd Council meeting. BUSINESS PROMOTION DISTRICT ORD. NS-958 Hearing was opened on the proposed disestablishment of the Business Promotion District in downtown Santa Ana. Burr Sharer, President of the Santa Ana City Center Association, read a resolution passed by its Board of Directors, which requested that the funds now in possession of the Association and those yet to be collected by the City be turned over to the Association to be expended and that this be an absolute condition to the mutual recission of the contract. He presented copies of the resolution, together with copies of the financial statement of the Business Promotion District to the City Council. No one spoke in favor of maintaining the Business Promotion District. ORDINANCE NS-958 REPEALING CHAPTER 2 OF ARTICLE VI OF TIlE SANTA ANA MUNICIPAL CODE TO EFFECT DISESTABLISHMENT OF THE BUSINESS PROMOTION DISTRICT was read in full by the Clerk. Doug Horton, 517 N. Main Street and Joe Gilmaker, 388 West 4th Street, requested that the funds remaining in the District be returned to the merchants who would be assessed. Bernard Dvijre stated his opinion that an audit should be made by'the City and a committee appointed to determine what should be done with the funds remaining. Janice Boer, 912 N. Lowell, stated that, according to law, the City Council shall have the sole discretion as to how the revenue derived from the tax is to be used; that the Council could use one of the advisory boards or commissions or create a new advisory board or commission for this purpose; she stated that the money has to be spent by law for one of the four purposes set out in the ordinance and has to be spent by the Council. Sam Brucker, 215 East 4th Street, stated that the merchants came to the hearing for the purpose of disestablishing the District and the amount of funds remaining was too small an amount to prorate and return to the merchants. The hearing was closed, Council discussed the matter of having an audit of the funds remaining in the District. On motion of Councilman Brooks, seconded by Councilman Herrin, ORDINANCE NS-958 REPEALING CHAPTER 2 OF ARTICLE VI OF TKE SANTA ANA MUNICIPAL CODE TO EFFECT DISESTABLISHMENT OF TH]~ BUSINESS PROMOTION DISTRICT was passed to second reading and the City Manager was instructed to impound all funds of the District and have an audit performed by a Certified Public Accountant as soon as possible and upon the final dissolution of the District, Council will make a determination as CITY COUNCIL 132 February 17, 1969