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<br />8 <br /> <br />8 <br /> <br />8 <br /> <br />MV 05-2004 <br /> <br />RESOLUTION NO. 2004-061 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA CLARIFYING AND REAFFIRMING THE <br />INTENT OF RESOLUTION 2004-078. <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines and <br />declares as follows: <br /> <br />A. On February 6,1984, the City Council adopted Ordinance No. NS-1715 pursuant <br />to Section 36500 of the 1979 State of California Street and Highway Code (the <br />"BID Law"), creating a Business Improvement District (BID) in Downtown Santa <br />Ana. <br /> <br />B. On October 6, 2003, City Council adopted resolution 2003-078 appointing the <br />City's Community Redevelopment and Housing Commission as the new BID <br />Advisory Board, and expressing the desire that the BID Advisory Board <br />recommend reducing the activities funded by the 2004 BID assessments to only <br />provide security and maintenance and thereby reduce the assessment by 50 <br />percent for that year. <br /> <br />C. The effect of this resolution has become the subject of litigation. Plaintiffs <br />alleged that the City Council's action in Resolution 2004-078 constituted a <br />"resolution of intention" as that term is used in Section 36534 of the BID Law. <br /> <br />D. The City Council did not intend that Resolution No. 2003-078 be construed as a <br />"resolution of intent", but rather only as advice for recommended action otherwise <br />carried out in compliance with applicable laws. <br /> <br />E. Due to the litigation, the BID Advisory Board took no action to recommend any <br />budget or assessment for 2004, and now over half of the year has passed. The <br />Council therefore recommends that the BID Advisory Board forego any actions <br />for the 2004 assessment year. <br /> <br />Section 2. The City Council hereby: <br /> <br />A. Reaffirms its intent in adopting Resolution 2004-078 that its expression of intent <br />regarding reducing the 2004 assessment and budget was only advice to the BID <br />Advisory Board, subject to compliance with all applicable laws for levy of BID <br />assessments. <br /> <br />Resolution No. 2004-061 <br />Page 1 of 3 <br />