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Home My WebLink AboutNS-3037- Disestablishing the DTSA Business Improvement DistrictORDINANCE NO. NS-3037 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA 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, 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; and WHEREAS, on December 20, 2022, the City Council adopted Resolution 2022-102 ("Resolution") declaring its intention to disestablish the Downtown BID and setting a public hearing to consider such an ordinance for 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; and WHEREAS, the Clerk of the Council provided notice of the above -referenced hearing in accordance with Section 36523 of the California Streets and Highways Code, by publishing the Resolution in a newspaper of general circulation in the City once, for at least seven days before the public hearing, and by mailing a complete copy of the Resolution by first-class mail to each business owner assessed in the Downtown BID within seven days of the City Council's adoption of the Resolution; and WHEREAS, the City Council, at the time and place set for public hearing, heard any and all persons interested in or objecting to the proposed ordinance dissolving the Downtown BID. Ordinance No. NS-3037 Page 1 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 2. In accordance with Section 36550 of the California Streets and Highways Code, the Downtown BID is hereby disestablished. Section 3. Upon the effective date of this Ordinance, 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 City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment, and it is not a "project," as defined in Section 15378 of the CEQA Guidelines. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this 7" day of Februar """" Ordinance No. NS-3037 Page 2 of 3 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: &W0j '4 John M. Funk Chief Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Amezcua, Bacerra, Hernandez, Lopez, Penaloza, Phan, Vazquez (7) None (0) None (0) NOT PRESENT: Councilmembers None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- 3037 to be the original ordinance adopted by the City Council of the City of Santa Ana on February 7, 2023 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: I { 23 "'/L '(-4 L'q-) -� Clerk of the Council City of Santa Ana Ordinance No. NS-3037 Page 3 of 3 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Los Angeles, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 (714) 543-2027 (714) 542-6841 OR 3664426 NORMA OROZCO SANTA ANA/CITY CLERK 20 CIVIC CENTER PLAZA M-30 SANTA ANA, CA - 92701 GPN - GOVT PUBLIC NOTICE 2nd Read Ord - Disestablish DTBID I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the city of SANTA ANA, county of ORANGE, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of ORANGE, State of California, under date 06/20/1922, Case No. 13421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 01/27/2023 01/27/2023 ORANGE !A000006218991! Email NOTICE OF SECOND READING OF PROPOSED ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SANTA ANA,CA. The City of Santa Ana encourages the public to participate in the decision- making process.The following notice is being provided so that you can ask questions,make comments and stay informed about changes in land use, fees or other projects that might be important to you.We encourage you to contact us if you have any questions. NOTICE IS HEREBY GIVEN -The City Council of the City of Santa Ana will consider adopting an ordinance.The title of the ordinance is as follows: ORDINANCE NO.NS-XXXX -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO DISESTABLISH THE DOWNTOWN SANTA ANA BUSINESS IMPROVEMENT DISTRICT Meeting Time and Date:This matter will be heard onTuesday,February 7,2023 at 5:45 p.m.or thereafter in the City Council Chamber,22 Civic Center Plaza, Santa Ana,California 92701.All interested persons can refer to the following link on the date of the meeting for more information and instruction for participating in the meeting www.santa- ana.org/cc/city-meetings. How To Make Comments:If you do not wish to participate in the meeting but want to submit a comment,you may also send your written comments to the Clerk of the Council,by mail to City of Santa Ana,20 Civic Center Plaza –M30,Santa Ana,CA 92701 or via e-mail to ecomments@santa-ana.org (reference “City Council meeting”)by 12:00 p.m.on Monday,the day before the meeting;e- mails received after said time will be on file for public viewing and posted on the city's website the day after the meeting. Who To Contact For Questions -Should you have any questions,please contact the Clerk of the Council Office at 714-647- 6520 during regular business hours. Where To Get More Information:All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City's website the Tuesday before a Council meeting at:www.santa-ana.org/cc/city- meetings. Ordinance Second Reading Adoption Process -Ordinances become effective 30 days after second reading by the City Council.Most ordinances are codified into the Santa Ana Municipal Code and become city laws. Si tiene preguntas en Español,favor de llamar al (714)647-6520. N u c n liên l c b ng ti ng Vi t,xin i n tho i cho Tony Lai s (714)565- 2627. Norma Orozco Acting Clerk of the Council 1/27/23 OR-3664426#