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HomeMy WebLinkAboutReso 2010-178 - HHBID ;,-"". .." e e RESOLUTION 2010 - 178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING DECLARING THE RESULTS OF THE MAJORITY PROTEST PROCEEDINGS AT PUBLIC HEARING AND RENEWING THE HILL TOP HOTEL BUSINESS IMPROVEMENT DISTRICT WHEREAS, the Property and Business Improvement 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 ofthe District. WHEREAS, a majority of the lodging business owners subject to assessment within the Hilltop Hotel Business Improvement District (HHBID) have petitioned the City Council to renew the HHBID to December 31,2012. WHEREAS, each petition has been weighted according to the amount ofthe 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 which describes the proposed assessment to be levied on lodging businesses within the HHBID to pay for the retirement of incurred debt for public work and other operational and maintenance expenses. WHEREAS, Streets and Highways Code ~ 36623 provides that the notice and protest procedures set forth in Government Code ~ 59954.6 shall be followed. WHEREAS, on October 19, 2010, the City Council adopted Resolution 2010-161, 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 Avenue, Redding, California and said public meeting has been held. WHEREAS, Resolution 2010-161 also set a public hearing to consider protests and the proposed renewal of the HHBID for December 7, 2010, at 6:00 p.m. in the City Council Chambers located at 777 Cypress Avenue, Redding, California. WHEREAS, the public hearing to consider the renewal of the HHBID has been properly noticed in accordance with Streets and Highways Code ~~ 36623, 36660. ~ 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 CityCouncil held a public hearing .--. (:) , """"" -J ~ i.or .. e e regarding the renewal of the HHBID, and the City Council heard and received all objections and protests to the renewal of the HHBID 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 HHBID did not exceed fifty (50) percent ofthe total weighted vote of the lodging businesses entitled to vote on the renewal of the HHBID 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 ~~ 36625 and 36660, the HHBID is renewed until December 31,2012 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 will be funded by the levy of an assessment on lodging businesses within the HHBID, 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 HHBID assessment will be levied on all lodging businesses, as defined in the Management District 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. 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 six hundred dollars ($600.00) may be charged against the HHBID as the reasonable sum due for costs of administration of the HHBID. 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 HHBID be renewed, may be used in subsequent years in which HHBIP assessments are levied. If the HHBID is not renewed, any funds remaining at the expiration of the HHBID shall be distributed in accordance with Streets and Highways Code ~ 36660 et seq. 7. The lodging businesses within the HHBID will be benefitted by the activities set forth in the Management District Plan. c....-- ,~ e e 8. The revenue from the levy ofthe assessments on lodging businesses within the HHBID may not be used to provide for activities or improvements outside the HHBID or for any purpose other than those specified in the Management District Plan. 9. The assessments to fund the activities and improvements for the HHBID 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 HHBID Nonprofit Corporation 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 HHBID Nonprofit Corporation to provide services authorized herein. 11. The HHBID Nonprofit Corporation 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 HHBID. 13. The lodging businesses within the HHBID shall be subject to any amendments of the Property and Business Improvement District Law of 1994 (Streets and Highways Code ~ 36600 et seq.). 14. 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 MisteItoe Lane. A map of the HHBID is attached to the Management District Plan. 15. The City Manager, or his designee, is directed to take all necessary actions to complete the renewal of the HHBID 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 of the HHBID. 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. ...~. ~ e e 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: :J Attest,: . l' r , '" ,\ Bosetti, Dickerson, Jones, Sullivan, and McArthur None None None Approved to Form: ~A~ RICHARD A. DUVERN Y, City Attorney