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<br />REQUEST FOR <br />COUNCIL ACTION <br /> <br />. CITY COUNCIL MEETING DATE: <br /> <br />~ <br />~ <br /> <br />CLERK OF COUNCIL USE ONLY: <br /> <br />AUGUST 2, 2004 <br /> <br />TITLE: <br /> <br />APPROVED <br /> <br />RESOLUTION REAFFIRMING THE <br />APPOINTMENT OF THE COMMUNITY <br />REDEVELOPMENT AND HOUSING <br />COMMISSION AS THE DOWNTOWN <br />SANTA ANA BUSINESS IMPROVEMENT <br />DISTRICT ADVISORY BOARD <br /> <br />0 As Recommended <br />0 As Amended <br />0 Ordinance on 151 Reading <br />0 Ordinance on 2nd Reading <br />0 Implementing Resolution <br />0 Set Public Hearing For <br /> <br />QAtJ~ <br /> <br />CITY MANAGER <br /> <br />CONTINUED TO <br /> <br />FILE NUMBER <br /> <br />RECOMMENDED ACTION <br /> <br />Adopt a resolution reaffirming the appointment of the Community <br />Redevelopment and Housing Commission as the Downtown Santa Ana Business <br />. Improvement District (BID) Advisory Board; clarifying that the City of <br />Santa Ana will comply with Streets and Highways Code Section 36500 et. <br />seq. as well as Ordinance NS-1715 when levying a BID assessment. <br /> <br />DISCUSSION <br /> <br />On October 6, 2003, the City Council adopted Resolution 2003-078 which <br />confirmed the appointment of the Community Redevelopment and Housing <br />Commission (CRHC) as the new BID Advisory Board, and expressed the desire <br />of the City Council that the CRHC, in undertaking its duties as the BID <br />Advisory Board, consider reducing the 2004 assessments by 50 percent and <br />to limit BID expenditures for the same period to security and maintenance <br />services. This resolution has become the subject of litigation. <br />Plaintiffs in that litigation have alleged that Resolution 2003-078 <br />constituted an improper "resolution of intent" pursuant to Streets and <br />Highways Code Section 36534 (the "BID Law") because the City Council did <br />not comply with statutory requirements for notice and hearing. <br /> <br />The attached Resolution No. 2004-061 is intended to clarify the original <br />intent of the City Council in adopting Resolution 2003-078; to wit, that <br />it did not intend it to be a "resolution of intent", but only as guidance <br />for the CRHC, and that the City Council acted under the assumption that <br />the CRHC would comply with the BID Law and local ordinances related to <br />.preparing the annual report and recommending the amount of an annual <br />assessment. <br /> <br />55A-1 <br />