HomeMy WebLinkAboutReso 2009-159 - Tourism Marketing Business Improvement District
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RESOLUTION 2009 - 159
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING THE RESULTS OF THE MAJORITY PROTEST
PROCEEDINGS AT PUBLIC HEARING AND RENEWING THE
TOURISM MARKETING BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways
Code 9 36600 et seq.) authorizes cities to establish property and business improvement districts upon
petition by a weighted majority of the business owners located within the boundaries ofthe District.
WHEREAS, a majority of the lodging business owners subject to assessment within the Tourism
Marketing Business Improvement District (TMBID) have petitioned the City Council to renew the
TMBID to December 31, 2010.
WHEREAS, said petitions included notice and agreement by the petitioning party that the
assessments authorized by the renewal of the TMBID would be retroactive to July 1,2009.
WHEREAS, each petition has been weighted according to the amount of the assessment anticipated
to be paid by the lodging business owner.
WHEREAS, the lodging business owners who signed the petitions will pay more than fifty (50)
percent of the proposed assessment.
WHEREAS, included with the petitions was a Management District Plan prepared by the Redding
Hospitality Group which describes the proposed assessment to be levied on lodging businesses
within the TMBID to pay for tourism marketing activities.
WHEREAS, Streets and Highways Code 9 36623 provides that the notice and protest procedures
set forth in Government Code 9 59954.6 shall be followed.
WHEREAS, on June 16, 2009, the City Council adopted Resolution 2009-67, which provides that
a public meeting would be held on July 21, 2009 at 7 :00 p.m. in the City Council Chambers located
at 777 Cypress A venue, Redding, California and said public meeting has been held.
WHEREAS, Resolution 2009-67 also set a public hearing to consider protests and the proposed
renewal of the TMBID for August 4,2009, at 7:00 p.m. in the City Council Chambers located at 777
Cypress A venue, Redding, California.
WHEREAS, the public hearing to consider the renewal of the TMBID has been properly noticed
in accordance with Streets and Highways Code gg 36623, 36660.
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WHEREAS, at 7:00 p.m., or as soon thereafter as was practicable, on August 4,2009, in the City
Council Chambers, 777 Cypress A venue, Redding, California, the City Council held a public hearing
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regarding the renewal of the TMBID, and the City Council heard and received all objections and
protests to the renewal of the TMBID and the levy of the proposed assessment.
WHEREAS, the City Clerk has determined that the weighted protests, both written and oral,
submitted and not withdrawn in opposition to the proposed assessment and the renewal of the
TMBID did not exceed fifty (50) percent ofthe total weighted vote of the lodging businesses entitled
to vote on the renewal of the TMBID and the levy of the proposed assessment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:
1. The recitals set forth herein are adopted by the City Council as findings and they are true and
correct.
2. Pursuant to the requirements set forth in Streets and Highways Code SS 36625 and 36660,
the TMBID is renewed until December 31,2010 and shall expire on that date unless renewed
pursuant to the procedures set forth in the Property and Business Improvement District Law
of 1994 (Streets and Highways Code S 36600 et seq.).
3. The activities set forth in the recitals will be funded by the levy of an assessment on lodging
businesses within the TMBID, as described in the Management District Plan that is on file
with the City Clerk. Said assessments shall be deemed retroactive to July 1, 2009, and shall
be in addition to any other assessment, fee or tax previously established within the
jurisdictional boundaries of the City of Redding.
4. The TMBlD assessment will be levied on all lodging businesses, as defined in the
Management District Plan, within the TMBID boundaries and shall be based upon one (1)
percent of gross short-term (stays less than thirty (30) days) room rental revenue per night
and "gross room rental revenue" shall be defined as total revenue less any local, state or
federal sales taxes or transient occupancy taxes. The levy of assessments shall apply to any
lodging business established within the boundaries of the TMBlD during the term of the
TMBID. Stays by persons who are government employees on govermnent business shall be
exempt from the assessment.
5. An annual amount equal to one (1) percent of the annual assessments collected per fiscal may
be charged against the TMBID as the reasonable sum due for costs of administration ofthe
TMBID.
6. The assessments shall be used for the purposes set forth in the above recitals and any funds
remaining at the end of any term, should the TMBID be renewed, may be used in subsequent
years in which TMBID assessments are levied. If the TMBlD is not renewed, any funds
remaining at the expiration ofthe TMBlD shall be distributed in accordance with Streets and
Highways Code S 36660 et seq.
7. The lodging businesses within the TMBID will be benefitted by the activities set forth in the
Management District Plan.
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8. The revenue from the levy ofthe assessments on lodging businesses within the TMBID may
not be used to provide for activities or improvements outside the TMBID or for any purpose
other than those specified in the Management District Plan.
9. The assessments to fund the activities and improvements for the TMBID will be collected
at the same time and in the same manner as are transient occupancy taxes, and, in accordance
with Streets and Highways Code S 36631, all delinquent payments for assessments levied
herein shall be charged interest and penalties in the same manner as are transient occupancy
taxes.
10. A hotel business owners' association, when formed, may provide the activities described in
the Management District Plan, and the City Manager is hereby authorized to contract with
a hotel business owners' association to provide services authorized herein.
II. In the event that the TMBID is renewed, the hotel business owners' association shall,
pursuant to Streets and Highways Code S 36650, cause to be prepared a report for each fiscal
year for which assessments are to be levied and collected to pay the costs of the
improvements and activities described in the report.
12. No bonds shall issue to fund the TMBID.
13. The lodging businesses within the TMBID shall be subject to any amendments of the
Property and Business Improvement District Law of 1994 (Streets and Highways Code S
36600 et seq.).
14. The exterior boundaries of the TMBID are the jurisdictional boundaries of the City of
Redding.
IS. The City Manager, or his designee, is directed to take all necessary actions to complete the
renewal of the TMBID and to levy the assessments.
16. The City Clerk is directed to record in the Shasta Connty Recorder's Office a notice and
assessment diagram, as required by Streets and Highways Code S 36627. The text of the
recorded notice shall state that the assessment is levied only against lodging businesses
within the area of the TMBID.
17. This resolution shall take effect immediately upon its adoption by the City Council. The
adoption of this resolution and recordation of the notice and map pursuant to Streets and
Highways Code S 36627 shall constitute the levy of an assessment in each of the year(s)
referred to in the Management District Plan.
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I HEREBY CERTIFY that the foregoing resolution of intention was introduced and adopted at a
special meeting of the City Council on the 4th day of August, 2009, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Dickerson, Jones, McArthur, Stegall, and Bosetti
None
None
None
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RICK BOSETTI, Mayor
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Attest: :) ~ :r:
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Approved to Form:
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P AME~A l\;lIZE, Dep ~- 9ty Clerk
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