HomeMy WebLinkAbout2004-061 - Clarifying and Reaffirming the Intent of Resolution 2004-78
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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.
Resolution No. 2004-061
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B. Recommends that the BID Advisory Board take no further action for an
assessment for calendar year 2004.
C. Reaffirms its intention that BID Advisory Board comply with all BID related laws
and ordinances related to preparing an annual report.
D. Reaffirms the intent and direction of the City Council that the City and the BID
Advisory Board comply with all laws, resolutions and/or ordinances when taking
any action related to the BID, including, but not limited to, enacting a budget,
modifying or changing the amount of assessments, or changing the purpose and
function of assessments.
E. Directs the Executive Director of the Community Development Agency or his/her
designee to take any and all actions necessary to carry out the intent of this
resolution.
F. This resolution shall not be construed to in any way affect the Council's prior
appointment of the CRHC as the BID Advisory Board.
Section 3. This Resolution shall take effect immediately upon its adoption by the City
Council, and the Clerk of the Council shall attest to and certify the vote adopting this
Resolution.
ADOPTED this 2nd day of AUQust 2004.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:J1j"cL V ~~
Michael Vigliotta
Deputy City Attorney
Resolution No. 2004-061
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AYES: Councilmembers: Alvarez. Bist, ~n, Garcia, Pulid~orio (6)
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NOES: Councilmembers: None (0)
ABSENT: Councilmembers: Christy (1)
ABSTAIN: Councilmembers: None (0)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2004-061 to be the original resolution adopted by the City
Council of the City of Santa Ana on AUQust 2, 2004.
Date:
ØfAy
Clerk of the Council
City of Santa Ana
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Resolution No. 2004-061
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