HomeMy WebLinkAbout55A - REAFFIRMING APPT.
REQUEST FOR
COUNCIL ACTION
. CITY COUNCIL MEETING DATE:
~
~
CLERK OF COUNCIL USE ONLY:
AUGUST 2, 2004
TITLE:
APPROVED
RESOLUTION REAFFIRMING THE
APPOINTMENT OF THE COMMUNITY
REDEVELOPMENT AND HOUSING
COMMISSION AS THE DOWNTOWN
SANTA ANA BUSINESS IMPROVEMENT
DISTRICT ADVISORY BOARD
0 As Recommended
0 As Amended
0 Ordinance on 151 Reading
0 Ordinance on 2nd Reading
0 Implementing Resolution
0 Set Public Hearing For
QAtJ~
CITY MANAGER
CONTINUED TO
FILE NUMBER
RECOMMENDED ACTION
Adopt a resolution reaffirming the appointment of the Community
Redevelopment and Housing Commission as the Downtown Santa Ana Business
. Improvement District (BID) Advisory Board; clarifying that the City of
Santa Ana will comply with Streets and Highways Code Section 36500 et.
seq. as well as Ordinance NS-1715 when levying a BID assessment.
DISCUSSION
On October 6, 2003, the City Council adopted Resolution 2003-078 which
confirmed the appointment of the Community Redevelopment and Housing
Commission (CRHC) as the new BID Advisory Board, and expressed the desire
of the City Council that the CRHC, in undertaking its duties as the BID
Advisory Board, consider reducing the 2004 assessments by 50 percent and
to limit BID expenditures for the same period to security and maintenance
services. This resolution has become the subject of litigation.
Plaintiffs in that litigation have alleged that Resolution 2003-078
constituted an improper "resolution of intent" pursuant to Streets and
Highways Code Section 36534 (the "BID Law") because the City Council did
not comply with statutory requirements for notice and hearing.
The attached Resolution No. 2004-061 is intended to clarify the original
intent of the City Council in adopting Resolution 2003-078; to wit, that
it did not intend it to be a "resolution of intent", but only as guidance
for the CRHC, and that the City Council acted under the assumption that
the CRHC would comply with the BID Law and local ordinances related to
.preparing the annual report and recommending the amount of an annual
assessment.
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Reaffirm appoint of
Community Redevelopment and
as the BID Advisory Board.
August 2, 2004
Page 2
Housing Commission
The resolution goes on state a further desire that in light of the passage
of time since adoption of Resolution 2003-078, that no assessment be
considered or recommended by the CRHC for 2004, but rather that the CRHC
move forward with steps towards recommending a budget and assesssment for
2005.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Patricia C. Whita er
Executive Director
Community Development Agency
PCW/ML/mlr
55A-2
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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.
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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
day of
,2004.
Miguel A. Pulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Michael Vigliotta
Deputy City Attorney
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. AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
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
Date:
ADOPTED this
Clerk of the Council
City of Santa Ana
day of August, 2004.
.
.
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