75A - DSABIA ANNUAL ASSESS - Laserfiche WebLink

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, .--..-. ''',',,',' '.. CITY ATTORNEY'S OFFICE Fax:714-647-6515 ,. ,. , . -......-... -' .' --:, .,' "~,.'" .."',". ,,;'" ' . Jan 18 '05 15:19 P.04 't :~"'-:":'.;'.; .:~~~i:'~Ft;~':;'r..~rtt~';:,?c:~'~~~:(~:':7t,,~:t,!~,:~:,..~~~p:::;¡1'"~-:' ",..';"1'"" '""',"~,'"" ,- . ..'. ," ...... .. . . . Additionally, a large number do not protest the a&lessmcnt at all, but rather petition the City Council to dissolve or disestablish the BID. This process cannot be compelled by petition ,or protest. In the interest of full dÌsclœure, howevE!r~ Treasury staff proceeded to evaluate aU of the petitions to detemúnc; 8$$UUlÏng they were to be qualified as protests, whethor they were sufficient to constitute a majority protest. Treasury staff found that they do not constitute a lllajority protest in any event. Protest Anal~ Applicable State law provides that protœts to 8SIiCSSIl1enbi are calculated as a pezœntage oftbe total assessment md therefore are weighted. Protests fiom businesses paying bighor assessments are worth more than those paying lower assessments. Category (I) petitions constitute only 12.85% of the total assessment. These are the only documents that could conceivably be treated II protð$t$ 6Ínce they challenge assessments unðer tho BID. Category (2) petitions constitute 11.62% of the total assessment. A$ petitions to dissolve the BID, they are least likely to be qualified as protests. Nevertheless7 even if Categorî~ (1) and (2) are combined for a total of24.47%, Ms. Gomez's petitions still constitu.te less than 25% protest. Far less than the 50% necessary. Category (3) petiti~ which constitute 2.38%7 don't in any way apply to the BID, but rather DSABA which is no longer relevant. -- R endation --- vise the City Council to make a ñnclÚlg as part of the public hearin¡ on January 18, 2005. consistent 'Nith this memo, that the December 20, 2004 petitions are not valid .- Te-tile" copies of these documents should be rejected. 2 :. . . .