HomeMy WebLinkAboutReso 2010-177 - TMBID
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RESOLUTION 2010 - 177
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
DECLARING THE RESUL TS OF THE MAJORITY PROTEST
PROCEEDINGS AT PUBLIC HEARING AND RENEWING THE TOURISM
MARKETING BUSINESS IMPROVEMENT DISTRICT
WHEREAS, the Property and Business hnprovement District Law of 1994 (Streets and Highways
Code ~ 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 of the District;
and
WHEREAS, a majority ofthe 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 31,2015; and
WHEREAS, each petition has been weighted according to the amount ofthe assessment anticipated
to be paid by the lodging business owner; and
WHEREAS, the lodging business owners who signed the petitions will pay more than fifty (50)
percent of the proposed assessment; and
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; and
WHEREAS, Streets and Highways Code ~ 36623 provides that the notice and protest procedures
set forth in Government Code ~ 59954.6 shall be followed; and
WHEREAS, on October 19, 2010, the City Council adopted Resolution 2010-160, which provides
that a public meeting would be held on November 16, 2010 at 6:00 p.m. in the City Council
Chambers located at 777. Cypress A venue, Redding, California and said public meeting has been
held; and
WHEREAS, Resolution 2010-160 also set a public hearing to consider protests and the proposed
renewal ofthe TMBID for December 7,2010, at 6:00 p.m. in the City Council Chambers located at
777 Cypress Avenue, Redding, California; and
WHEREAS, the public hearing to consider the renewal of the TMBID has been properly noticed
in accordance with Streets and Highways Code ~~ 36623, 36660; and
WHEREAS, at 6:00 p.m., or as soon thereafter as was practicable, on December 7,2010, in the City
Council Chambers, 777 Cypress Avenue, 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; and
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 of the total weighted vote ofthe lodging businesses entitled
to vote on the renewal of the TMBID and the levy of the proposed assessment; and
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 ~~ 36625 and 36660,
the TMBID is renewed until December 31, 2015 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 ~ 36600 et seq.).
3. The activities set forth in the recitals w.ill 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 in addition to any other assessment, fee or tax
previously established within the jurisdictional boundaries of the City of Redding.
4. The TMBID 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
percent (1 %) 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, and increasing to two
percent (2%) of gross short-term (stays less than thirty (30) days) room rental revenue per
night for the period of January 1, 2013, through December 31, 2015. The levy of
assessments shall apply to any lodging business established within the boundaries of the
TMBID during the term of the TMBID. Stays by persons who are government employees
on government business shall be exempt from the assessment. Gross revenue is defined as
total revenue less any local, state, or federal sales taxes or transient occupancy taxes.
5. An annual amount equal to one (1) percent ofthe annual assessments collected per fiscal may
be charged against the TMBID as the reasonable sum due for costs of administration of the
TMBID.
6. The assessments shall be used for the purposes set forth in the above recitals and in the
Management District Plan, 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 TMBID is not renewed, any funds remaining at the expiration of the TMBID
shall be distributed in accordance with Streets and Highways Code ~ 36660 et seq.
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7. The lodging businesses within the TMBID will be benefitted by the activities set forth in the
Management District Plan.
8. The revenue from the levy of the 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 ~ 36631, all delinquent payments for assessments levied
herein shall be charged interest and penalties in the same manner as are transient occupancy
taxes.
10. The Redding Hospitality Group shall contract with the City to provide the activities
described in the Management District Plan, and the City Manager is hereby authorized to
contract with the Redding Hospitality Group to provide services authorized herein.
11. The Redding Hospitality Group shall, pursuant to Streets and Highways Code ~ 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 pi strict Law of 1994 (Streets and Highways Code ~
36600 et seq.).
14. The exterior boundaries of the TMBID are the jurisdictional boundaries of the City of
Redding.
15. 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 County Recorder's Office a notice and
assessment diagram, as required by Streets and Highways Code ~ 36627. The text of the
recorded notice shall state that the assessment is levied only against lodging businesses
within the area ofthe 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 ~ 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
regular meeting of the City Council on the 7th day of December, 2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN :
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Attest:
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P AME;:LA MIZE, Cj . ;. Clerk
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Bosetti, Dickerson, Jones, Sullivan, and McArthur
None
None
None
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MI Y ARTHUR, Mayor
Approved to Form:
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RICHARD A. DUVERN , City Attorney