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HomeMy WebLinkAboutReso 2010-161 - HHBID . e e RESOLUTION NO. 2010 - 161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING ITS INTENTION TO RENEW THE HILLTOP HOTEL BUSINESS IMPROVEMENT DISTRICT (HHBID) AND FIXING THE TIME AND PLACE OF A PUBLIC MEETING AND HEARING THEREON AND GIVING NOTICE THEREOF WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code ~ 36600 et seq., authorizes cities to establish property and business improvement districts for the purposes of promoting tourism; and WHEREAS, the City Council established the Redding Hilltop Hotel Business Improvement District (HHBID) by adoption of Resolution 2005-164 on December 6,2005; and WHEREAS, the term of the HHBID will expire on December 31, 2010, unless renewed; and WHEREAS, Streets and Highways Code ~ 36600 provides that the process for renewal of a business improvement district shall be the same as establishment of a business improvement district; and WHEREAS, a Management District Plan has been drafted thereby setting forth the proposed boundary of the HHBID, a service plan and budget, and a proposed means of governance; and WHEREAS, a majority of the lodging businesses, as defined within the Plan, who are subject to assessment under the HHBID have petitioned the City Council to renew the HHBID for a two (2) year term from January 1, 2011 through December 31, 2012, inclusive; and WHEREAS, the petitions to renew the district are on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth herein are true and correct. 2. The City Council finds that the lodging businesses that will pay more than fifty (50) percent of the assessment proposed in the Management District Plan ("Plan") have signed and submitted petitions in support of the renewal of the HHBID. The City Council accepts the petitions and adopts this resolution of intention to renew the HHBID and to levy an assessment on all lodging businesses, as defined in the Plan, within the jurisdictional boundaries of the HHBID in accordance with the Property and Business Improvement District Law of 1994. 3. The City Council finds that the Management District Plan satisfies all requirements of Streets and Highways Code ~ 36622. ~ 9 0\ ............ 4. The City Council declares its intention to renew the HHBID and to levy and collect assessments on alllo4ging businesses, as defined within the Plan, within the jurisdictional boundaries ofthe HHBID to the Property and Business Improvement District Law of 1994. e e 5. The name of the district shall remain as the Redding Hilltop Hotel Business Improvement District. 6. The assessments levied for the HHBID shall be applied towards the retirement of incurred debt for public work within the HHBID and to provide for general operational and maintenance expenses. Except for the administrative fee set forth in the Plan, the assessments shall not be used for any other activity or to construct improvements within the HHBID. Funds remaining at the end of any year may be used in subsequent years in which HHBID assessments are levied as long as they are used consistent with the requirements of this resolution. 7. The assessments shall be in addition to any assessments currently applicable within the City of Redding. 8. The HHBID assessment is proposed to be levied on all lodging businesses, as defined in the Plan, within the HHBID boundaries and shall be based upon one and one-half percent (1.5%) of gross short term (stays less than thirty (30) days) room rental revenue per night for the period of January 1, 2011 through December 31, 2012. The HHBID boundaries encompass all hotel business located within the Hilltop commercial area generally defined as the geographical area along Hilltop Drive from State Highway 44 to East Cypress Avenue as well as along Larkspur Lane and Misteltoe Lane. A map of the HHBID is attached to the Management District Plan. Gross revenue is defined as total revenue less any local, state or federal sales taxes or transient occupancy taxes. Assessments shall be levied against lodging businesses, as defined within the Plan, and not on real property. No bonds will be issued. 9. The HHBID is to be renewed for a term, commencing on January 1, 2011, and terminating on December 31,2012, unless renewed pursuant to Streets and Highways Code S 36660. 10. The time and place for the public meeting to receive comment from any interested person is set for November 16, 2010, at 6:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chambers located at 777 Cypress Avenue, Redding, California. 11. The time and place for the public hearing to consider renewal of the HHBID and the levy of assessments is set for December 7,2010, at 6:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chambers located at 777 Cypress Avenue, Redding, California. 12. The City Clerk is directed to provide written, mailed notice to the lodging businesses subject to assessment of the date and time of the public meeting and hearing and to provide that notice pursuant to the requirements set forth in Streets and Highways Code S 36623 and Government Code S 54954.6. A copy of this Resolution of Intention shall be included with said notice. 13. At the public hearing the testimony of all interested persons for or against the establishment ofthe HHBID may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the hotel businesses within the proposed HHBID that will pay fifty (50) percent or more of the estimated total assessment of the entire HHBID, no further proceedings to renew the HHBID shall occur. 2 . , . e e 14. The complete Management District Plan is on file with the City Clerk, 777 Cypress Ave., Redding, California 96001 and may be reviewed, and a copy provided, upon request. 15. This resolution shall take effect immediately upon its adoption by the City Council. I HEREBY CERTIFY that the foregoing resolution of intention was introduced and adopted at a regular meeting of the City Council on the 19th day of October, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Bosetti, Dickerson, McA~ur, Stegall, and Jones None / None / / None 4 7~ ATTEST: I / PATRICK JONES, Mayor / FORM APPROVED: . . " ". :~. . .) ~.\ '.~~\'--" J1 . "f ";~'~" n ~<< '-1/(-. ~ . 1/' PAMELA MfZE, ci~ . r erk ..<-...... ,,' ("" ~ . c'" - '., , _ _ c, , , ," ~,~ _ ~^, '; ," 3