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REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 15, 2020 TITLE: PUBLIC HEARING — 2021 DOWNTOWN BUSINESS IMPROVEMENT DISTRICT ASSESSMENT /s/ Kristine CITY MANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2od Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 911111111100 :]qC7 RECOMMENDED ACTION 1. Conduct a public hearing to consider all protests regarding the intention to levy an assessment for 2021 for the Downtown Santa Ana Business Improvement District. 2. Review any written protests filed prior to the close of the public hearing and determine whether they constitute a majority protest. 3. If the City Council determines that no valid majority protest was lodged, adopt a resolution confirming the assessment report, and levying the assessment for 2021. DISCUSSION On November 17, 2020, the City Council approved the 2021 assessment report and budget for the Downtown Santa Ana Business Improvement District (BID). Additionally, the City Council adopted a resolution of Intention to Levy the 2021 assessment pursuant to California Streets and Highways Code section 35600 et seq. and scheduled the public hearing to consider protests to this action for its regular meeting of December 15, 2020. Business owners affected by the 2021 annual BID assessment may present written and/or oral protests during this public hearing. If written protests are received from business owners within the BID, whom will pay 50 percent or more of the proposed assessments and the protests are not withdrawn so as to reduce the number to less than 50 percent, the City Council will be precluded from taking any action to levy the 2021 assessment. The Intent to Levy BID Assessment List (Exhibit 2) provides a listing of businesses within the BID and the weighted protest value. Any written protests filed and not withdrawn must be reviewed to determine if they meet certain qualifications. This review will include a comparison of names and business owners with official City records. If it is determined that less than a majority protest is filed, the adoption of the subject resolution (Exhibit 3) will confirm the 2021 Assessment Report (Exhibit 2) for the BID and levy the assessments for 2021. The 2021 Assessment Report contains the basis and method of levying the assessment, estimated activities, and budgets from the two business associations — the Santa Ana Business Council and Downtown Inc., and a map of the BID boundaries. 75A-1