55A - REAFFIRMING APPT. - Laserfiche WebLink

Home Browse Search

. . . MV 05-2004 RESOLUTION NO. 2004-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CLARIFYING AND REAFFIRMING THE INTENT OF RESOLUTION 2004-078. 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 February 6,1984, the City Council adopted Ordinance No. NS-1715 pursuant to Section 36500 of the 1979 State of California Street and Highway Code (the "BID Law"), creating a Business Improvement District (BID) in Downtown Santa Ana. B. On October 6, 2003, City Council adopted resolution 2003-078 appointing the City's Community Redevelopment and Housing Commission as the new BID Advisory Board, and expressing the desire that the BID Advisory Board recommend reducing the activities funded by the 2004 BID assessments to only provide security and maintenance and thereby reduce the assessment by 50 percent for that year. C. The effect of this resolution has become the subject of litigation. Plaintiffs alleged that the City Council's action in Resolution 2004-078 constituted a "resolution of intention" as that term is used in Section 36534 of the BID Law. D. The City Council did not intend that Resolution No. 2003-078 be construed as a "resolution of intent", but rather only as advice for recommended action otherwise carried out in compliance with applicable laws. E. Due to the litigation, the BID Advisory Board took no action to recommend any budget or assessment for 2004, and now over half of the year has passed. The Council therefore recommends that the BID Advisory Board forego any actions for the 2004 assessment year. Section 2. The City Council hereby: A. Reaffirms its intent in adopting Resolution 2004-078 that its expression of intent regarding reducing the 2004 assessment and budget was only advice to the BID Advisory Board, subject to compliance with all applicable laws for levy of BID assessments. 55A-3