HomeMy WebLinkAbout2022-102 - Intention to Disestablish the Downtown Santa Ana Business Improvement DistrictRESOLUTION 2022-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA DECLARING ITS INTENTION TO
DISESTABLISH THE DOWNTOWN SANTA ANA BUSINESS
IMPROVEMENT DISTRICT
WHEREAS, on February 6, 1984, in accordance with California Streets and
Highways Code section 36500 et seq., the City of Santa Ana adopted Ordinance No. NS-
1715, by which the Downtown Santa Ana Business Improvement Area was established
("Downtown BID") as a means of providing the Downtown business community with
funding to promote and market the Downtown area; and
WHEREAS, such funding has been generated through an annual levy of
assessments on businesses located within the Downtown BID according to the formula
described in Ordinance No. NS-1715; and
WHEREAS, the City Council appointed the Community Development Commission
to serve as the BID Advisory Board to make recommendations to the City Council on the
expenditure of revenues derived from the levy of assessments, on the classification of
businesses, as applicable, and on the method and basis of levying the assessments; and
WHEREAS, at its regular meeting on October 26, 2022, by a majority vote, the
Community Development Commission recommended that the City Council dissolve the
Downtown BID; and
WHEREAS, at its regular meeting on November 15, 2022, by a majority vote, the
City Council approved the recommendation to dissolve the Downtown BID; and
WHEREAS, section 36550 of the California Streets and Highways Code authorizes
the City Council to disestablish a business improvement area by ordinance after adopting
a resolution of intention prior to conducting a public hearing on the ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa
Ana as follows:
Section 1. In accordance with section 36550 of the California Streets and
Highways Code, the City Council of the City of Santa Ana hereby declares its intention to
disestablish the Downtown BID for the reasons discussed on record at the Santa Ana City
Council meeting on November 15, 2022.
Section 2. Notice is hereby given that on January 17, 2023, at 5:45 P.M. or as
soon as possible thereafter, in the Santa Ana City Council Chambers, 22 Civic Center
Plaza, Santa Ana, California, a public hearing will be held by the City Council to consider
an ordinance dissolving the Downtown BID, at which time any and all persons interested
in or objecting to the proposed dissolution may appear and be heard.
Resolution 2022-102
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Section 3. Upon disestablishment of the Downtown BID, any remaining
revenues derived from the levy of assessments, or any revenues derived from the sale of
assets acquired with the revenues, shall be refunded in the manner required by section
36551 of the California Streets and Highways Code.
Section 4. The Clerk of the Council is directed to give notice of the above -
referenced public hearing in accordance with section 36523 of the California Streets and
Highways Code, which section requires publication of this Resolution in a newspaper of
general circulation in the City once, for at least seven days before the public hearing, and
the mailing of a complete copy of this Resolution by first-class mail to each business
owner assessed in the Downtown BID within seven days of the City Council's adoption of
this Resolution.
Section 5. 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 20th day of December, 2022.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: ,. I N,
Jop M. Funk
Chief Assistant City Attorney
AYES: Councilmembers Amezcua Bacerra, Hernandez, Lopez,
Penaloza, Phan Vazquez (7)
NOES: Councilmembers None (0)
ABSTAIN:
Councilmembers
None
(0)
NOT PRESENT:
Councilmembers
None
(0)
Resolution 2022-102
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CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-
102 to be the original Resolution adopted by the City Council of the City of Santa Ana on
December 20, 2022.
Date: TIZZ
'58, (!:%,
Clerk of the CourOl
City of Santa Ana
Resolution 2022-102
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