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CITY ATTORNEY'S OFFICE Fax:714-647-6515 ,. ,. , . -......-... _' .' __:, .,' "~,.'" .."',". c,;'" ' . Jan 18 '05 15:19 P.04 't :~"'i:'.:'.;'.; .:~~i:'~Ft;~':;'r..~rtt~';:,?;~.:~,~~~:(~:':7t,,~:t,!~,:~:,..~~~p:::;11'"~-:' ",..';"",,', '""',"~,'"" ,- . 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 discl~ure, howevE!r~ Treasury staff proceeded to evaluate aU of the petitions to detemrine, 8$$UUling 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 majority protest in any event. Protest Analysis Applicable State law provides that protC6ts to 8SliCSSIIlen%s are calculated as a PeIQeDtage oflbe total assessment md therefore are weighted. Protests from businesses paying bighor assessments are worth more than those paying lower assessments. Category (1) petitions constitute only 12.85% of the total assessment. These are the only documents that could conceivably be treated II proU$t$ 6ince they challenge assessments under tho BID. Category (2) petitions constitute 11.62% of the total assessment. As petitions to dissolve the BID, they are least likely to be qualified as protests. Novertheless7 even if Categori~ (1) and (2) are combined for a total of24.47%, Ms. Gomez's petitions still constitute less than 25% protest. Far less than the 50% necessary. Category (3) petiti~ which constitute 2.38%, 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 finding as part of the public hearina on January 18, 2005. consistent 'Nith this memo, that the December 20, 2004 petitions are not valid .- Te-file" copies of these documents should be rejected. 2 :.' '.