2020-091 - Results of Majority Protest Proceedings

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objections and protests, if any, to the establishment of the SATMD and the levy of the proposed assessment; and H. On November 17, 2020 at 5:45 PM at Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701, the City Council held a public hearing regarding the establishment of the SATMD, and the City Council heard and received all objections and protests, if any, to the establishment of the SATMD and the levy of the proposed assessment; and The City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of assessed businesses in the established SATMD which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business; and J. The City bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a tax, that the amount is no more than necessary to cover the costs to the City in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the specific benefits or specific government services received by the payor. Section 2. The recitals set forth herein are adopted by the City Council as findings and they are true and correct. Section 3. The SATMD is hereby established for a five (5) year term, beginning January 1, 2021 through December 31, 2025. Section 4. The Plan dated March 19, 2020 is hereby adopted and approved. Section 5. The activities to be provided to benefit businesses in the SATMD will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the SATMD; to provide activities or improvements outside the SATMD; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Plan. Notwithstanding the foregoing, improvements and activities that must be provided outside the SATMD boundaries to create a specific benefit to the assessed businesses may be provided, but shall be limited to marketing or signage pointing to the SATMD. Section 6. The City Council finds as follows: a) The activities funded by the assessment will provide a specific benefit to assessed businesses within the SATMD that is not provided to those not paying the assessment. Resolution No. 2020-091 Page 2 of 6