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HomeMy WebLinkAbout2011-06-14 - AGENDA REPORTS - TMD LEVY ASMT (2)CONSENT CALENDAR DATE: SUBJECT: DEPARTMENT Agenda Item: 5 CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval Item to be presented by June 14, 2011 Jason Crawford ADOPT RESOLUTION OF INTENT TO LEVY THE TOURISM MARKETING DISTRICT (TMD) ANNUAL ASSESSMENT AS A MEANS TO INCREASE TOURISM ACTIVITY IN THE CITY OF SANTA CLARITA City Manager's Office RECOMMENDED ACTION City Council adopt "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DECLARING ITS INTENTION TO CONTINUE A BUSINESS IMPROVEMENT AREA IN THE CITY OF SANTA CLARITA TO BE DESIGNATED AS THE TOURISM MARKETING DISTRICT ("TMD") AND SETTING A TIME AND PLACE OF A HEARING TO CONSIDER THE ESTABLISHMENT OF SUCH AREA." BACKGROUND On April 28, 2009, the City Council unanimously approved the 21 -Point Business Plan for Progress, a broad -reaching economic development stimulus program designed to strengthen the local economy for both the short- and long-term. The 21 -Point Business Plan for Progress included goals to enhance local business partnerships, encourage quality job creation in the area through business retention, expansion and attraction, bolster retail spending, and attract external dollars to the community. The formation of a Tourism Marketing District (TMD) was a component of this Plan. City staff worked closely with the owners and operators of five of the local hotels to draft the program for fiscal year 2010-2011. The Tourism Marketing District is an assessment of two percent to be used for the sole purpose of marketing and enhancing Santa Clarita's image as a tourism destination. The Tourism Marketing District was unanimously approved by the Santa Clarita City Council on May 25, 2010, and has been in effect since July 1, 2010. The Tourism Marketing District operates with an annual budget of approximately $400,000. Funds generated through the Tourism Marketing District are used to develop marketing campaigns, increase awareness about the local hotels and the Santa Clarita area through public relations and advertising efforts, and attract high quality, revenue generating events to the City of Santa Clarita. In the past, events such as the PGA Champions Classic, AMGEN Tour of California, and Western States Police and Fire Games have equaled an economic impact of more than $10 million to the local economy. Funds generated through this program may be used to subsidize the costs associated with quality events such as those mentioned above that require financial support from the host community. The Tourism Marketing District is authorized by the Parking and Business Improvement Area Law of 1989 (Section 36500 et. seq. of the Streets and Highways Code of the State of California). This law permits the City to levy assessments on businesses within a business improvement area to use such proceeds for the benefit of the businesses within the area. The five hotels currently operating in the Benefit Zone for fiscal year 2010-2011 include: Best Western Valencia Inn, Holiday Inn Express Hotel & Suites, Courtyard by Marriott, Embassy Suites, and Hyatt Regency Valencia. Staff found all of the hotels are supportive of the proposed ongoing efforts and re-establishing the Tourism Marketing District because of the marketing efforts and programs designed to increase tourism business to Santa Clarita. Programs and advertising opportunities that were possible during fiscal year 2010/2011 as a result of the establishment of the TMD include inclusion in regional and national publications with destination features on. Santa Clarita including Southwest Airlines Spirit. Magazine, US Airways Magazine, Sports Destination Management Magazine, Sports Events Magazine, the summer tourism route trolley program and large poster placements at key areas of Burbank Airport promoting Santa Clarita as a key destination to visit. TMD funds are also used to work on data research identifying our core tourists. Events that the City were able to pursue as a direct result of the established district include the return of the AMGEN Tour of California and the award winning bid to host the United Soccer League Women's League Championship Games. The established Tourism Marketing District program was designed as ongoing but by law must be re -approved annually. The proposed schedule for the implementation of the Tourism Marketing District is as follows: • June 14, 2011 - City Council consider Resolution of Intent • June 28, 2011 - City Council hold Public Hearing and at the conclusion of the hearing the Council may adopt the resolution. The adoption of the resolution will constitute the levy of the assessment for the fiscal year 2011-2012. • July 1, 2011 - Tourism Marketing District is effective. Should the City Council approve this action, staff will commence the required administrative proceedings, which includes providing a copy of the Resolution of Intent to all property/business owners to be included in the Tourism Marketing District. e ALTERNATIVE ACTIONS Other actions as determined by City Council. FISCAL IMPACT The fiscal impact of the item is revenue neutral. Upon completion of the formation proceedings, it is estimated that approximately $400,000 will be generated and expended through the Tourism Marketing District in fiscal year 2011-2012. ATTACHMENTS Resolution TMD Advisory Board Annual Report TMD Map of Hotels 5 RESOLUTION 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DECLARING ITS INTENTION TO LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR 2011/2012 WITHIN THE SANTA CLARITA TOURISM MARKETING DISTRICT ("TMD") WHEREAS, the City of Santa Clarita (the "City") is a general law City organized and existing under the laws of the State of California; and WHEREAS, the Parking and Business Improvement Area Law of 1989 (Section 36500 et seq. of the Streets and Highways Code of the State of California authorizes the city to levy assessments on businesses within a parking and business improvement area which is in addition to any assessments, fees, charges, or taxes imposed in the City and to use such proceeds for the benefit of businesses within such parking and business improvement area pursuant to said Parking and Business Improvement Area Law of 1989 (hereafter "1989 BID Law"); and WHEREAS, the City Council of the City of Santa Clarita on May 25, 2010, pursuant to Ordinance No. 10-4 established the Tourism Marketing District (hereafter "TMD") and a Hotel Tourism Marketing Benefit Zone (hereafter "Benefit Zone"); and WHEREAS, pursuant to Section 36533 of the 1989 BID Law, the Advisory Board for the TMD has caused a report ("Annual Report") to be prepared and filed with the City Clerk, which describes the improvements and activities for which assessments are to be levied and collected for the 2011/2012 fiscal year; and this Annual Report has been presented to the City Council for review and approval; and WHEREAS, the City Council intends to levy and collect assessments within the Benefit Zone of the TMD for fiscal year 2011/2012 and by this resolution fixes a time and place for a public hearing to be held by the City Council on the levy of the annual assessment for fiscal 2011/2012 pursuant to Section 36535 of the 1989 BID Law. NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Declaration of Intention. Pursuant to the 1989 BID Law, the City Council hereby declares its intention to levy and collect assessments on businesses within the Hotel Tourism Marketing Benefit Zone of the TMD for fiscal year 2011/2012, which commences July 1, 2011, to pay for the improvements, services and activities authorized by Ordinance No. 10-4 and described in the Annual Report filed with the City Clerk. SECTION 3. Boundaries. For fiscal year 2011/2012, the boundaries of the TMD which includes all of the real property within the City of Santa Clarita; and the Hotel Tourism Marketing Benefit Zone which is inclusive of the hotels now operating in the City and identified and attached hereto as Exhibit "A" shall be unchanged from the boundaries established by Ordinance No. 10-4. SECTION 4. Exemption of Newly Established Business. The City Council proposes to annually levy assessments against all businesses in the Benefit Zone in accordance with the proposed system of assessments as set forth on Exhibit "B" and as such has determined that the assessments on newly established hotels shall commence immediately upon the first day of operation and after the public hearing for inclusion of such property. SECTION 5. Use of Assessment Revenues. That the proposed uses of the revenues derived from charges levied against businesses in the Benefit Zone for fiscal year 2011/2012 generally include but are not limited to the following: (a) Promoting the identity of Santa Clarita through financial support of key regional and national events that support tourism and result in an economic impact; and (b) Developing and implementing a destination marketing strategy and promotions targeting potential hotel guests; and (c) Developing and undertaking an advertising and public relations program focusing on the business and leisure travel trade; and (d) Subsidization of high quality, high economic impact events; and (e) Annual operation expenses including but not limited to annual district administration functions and expenses, printing, postage and meetings; and (f) Support and funding of the Hometown Trolley program; and (g) Attendance at key meeting and consumer trade shows. SECTION 6. Method of Assessment. In addition to any assessments, fees, charges or taxes imposed otherwise in the City, the City Council proposes to levy assessments against businesses in the Benefit Zone in fiscal year 2011/2012 for the purpose of funding the programs, activities and services that will promote the City and hotels as a tourist destination. A description of the proposed system of assessments is set forth on Exhibit "B," attached hereto and incorporated herein by this reference. SECTION 7. Annual Report. The City Council hereby approves the Annual Report for fiscal year 2011/2012 as submitted to the City Clerk or as amended herein by City Council direction. Said Annual Report as submitted or amended provides a full and sufficient description of the improvements, services and activities to be funded by the assessments for fiscal year 2011/2012; the boundaries of the Tourism Marketing District and the Hotel Tourism Marketing Benefit Zone within the TMD, and the proposed assessments to be levied upon the businesses within the TMD for that fiscal year. Said report as submitted or amended is by reference is made part of this resolution. 5 SECTION 8. Public Hearin. A public hearing concerning the 2011/2012 levy of annual assessments for the TMD Benefit Zone will be. held on June 28, 2011, at 6:00 p.m., or as soon thereafter as the matter can be heard at the City Council's regularly held meeting, located at 23920 Valencia Boulevard, Santa Clarita. At the public hearing, written and oral protests may be presented to the City Council. The form and manner of protests shall comply with Sections 36524 and 36525 of the 1989 BID Law, which generally establish that if written protests are received from the owners of businesses that will pay 50 percent or more of the assessments to be levied and protests are not withdrawn so as to reduce the protests to less than that 50 percent, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvement or activity, those types of improvements or activities shall be eliminated. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The City Council may waive any irregularity in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. SECTION 9. Notice of Hearing. Pursuant to Section 36534 of the 1989 BID Law, the City Clerk is hereby directed to give notice of the public hearing by causing the resolution of intention to be published once in a newspaper of general circulation in the City not less than seven days before the public hearing scheduled for June 28, 2011. PASSED, APPROVED AND ADOPTED this 14th day of June 2011. • 6 Sk ATTEST: CITY CLERK , STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Kevin Tonoian, Acting City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the 14th day of June, 2011, by the following vote: 90, AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY CLERK 7 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) CERTIFICATION OF CITY COUNCIL RESOLUTION I, , City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution 11-_ adopted by the City Council of the City of Santa Clarita, California, on June 14, 2011, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this day of 2011. City Clerk By Deputy City Clerk g EXHIBIT A SANTA CLARITA TOURISM MARKETING DISTRICT HOTEL TOURISM MARKETING BENEFIT ZONE Hotels in Fiscal Year 2011/2012 The following is a list of hotels now operating, or proposed to operate in the Tourism Marketing District and specifically the Hotel Tourism Marketing Benefit Zone for Fiscal Year 2011/2012 Best Western Valencia Inn 27413 Wayne Mills Place Holiday Inn Express 27513 Wayne Mills Place Courtyard by Marriott 28523 Westinghouse Place Embassy Suites 28508 Westinghouse Place Hyatt Regency Valencia 24500 Town Center Drive (Assessor #--2861071009) (Assessor #--2861071008) (Assessor #--2866034080) (Assessor #--2866034083) (Assessor #--2861062020) q Exhibit B SANTA CLARITA TOURISM MARKETING DISTRICT HOTEL TOURISM MARKETING BENEFIT ZONE Proposed System of Assessment (Methodology) The proposed system of assessments is designed to generate revenue from hotels in the City to provide a method of funding public programs and activities that will promote the City and hotels as a tourist destination. The City's hotels comprise the Benefit Zone and are the only business proposed to be assessed. An annual assessment is to be levied against hotels based on the benefits they derive from the program of activities. Businesses located outside the Benefit Zone (i.e., all non -hotel businesses) would not be assessed as they derive only, at most, an indirect benefit from the program of activities. Any modification to the Benefit Zone or program of activities for which the assessments are proposed to be levied would be subject to notification of all businesses within the Area and a public hearing before the City Council. At such public hearing, the City Council shall hear all protests and receive evidence, including written protests, for and against such modification. Each business in the Benefit Zone shall pay a charge of 2% of total room rents charged and received from transient hotel guests who do not make the hotel their principal place of residence. Once the system of charges is established, it cannot be changed without written notice to all businesses in the Area and a public hearing held by the City Council. At such public hearing, the City Council shall hear all protests and receive evidence, including written protests, for and against such changes. Charges will be collected by the City of Santa Clarita, with the funds being remitted to a special fund of the City for expenditure in accordance with its adopted annual budget as presented by the Advisory Committee appointed by the City Council. WI LLDAN { ? Financial Services Pursuant to the Parking and Business Improvement Area Law of 1989 (Section 36500 et seq. of the Streets and Highways Code of the State of California), the Advisory Board for the Tourism Marketing District ("TMD") which is appointed by the City Council of the City of Santa Clarita, annually reviews and makes appropriate recommendations to the City Council by an Annual Report regarding the use of funds collected through the TMD assessments. The Advisory Board consists of one (1) representative from each of the participating hotels within the Hotel Tourism Marketing Benefit Zone, as well as two (2) City representatives selected by the City Manager. The following table lists the various businesses/entities currently represented on the Advisory Board. Business Name Hotel Physical Address Business/Hotel Owner Address City of Santa Clarita 23920 Valencia Blvd Suite 100 Santa Clarita, CA 91355 City of Santa Clarita 23920 Valencia Blvd Suite 100 Santa Clarita, CA 91355 Best Western Valencia Inn 27413 Wayne Mills Place Ocean Park Hotels Santa Clarita, CA 710 Fiero Lane, Suite 14 San Luis Obispo, CA 93401 Holiday Inn Express 27513 Wayne Mills Place Ocean Park Hotels Santa Clarita, CA 710 Fiero Lane, Suite 14 San Luis Obispo, CA 93401 Courtyard by Marriott 28523 Westinghouse Place Apple REIT Companies, Inc. Santa Clarita, CA 814 East Main Street Richmond, VA 23219 Embassy Suites 28508 Westinghouse Place Island Hospitality Management Santa Clarita, CA. 50 Cocoanut Row, Suite 200 Palm Beach, FL 33480 Hyatt Regency 24500 Town Center Drive Noble Investments Santa Clarita, CA Noble Investment Group 1100 Monarch Tower 3424 Peachtree Road Atlanta, Georgia 30326 Santa Clarita Tourism Marketing District) 2011/2012 Annual Report p-- W! LLDAN , a? , Financial Services In April 2009 the City of Santa Clarita ("City") established the 21 -Point Business Plan for Progress, as a broad economic stimulus plan created to help strengthen the local economy. The 21 -Point Business Plan's goals focus on enhancing local business partnerships, encouraging quality job creation through business retention, expansion and attraction, and increasing retail sales. The formation of Santa Clarita Tourism Marketing District ("District") in May 2010 aligns with the goals and efforts of the 21 -Point Business Plan for Progress. The District was established and is levied pursuant to the Parking and Business Improvement Area Law of 1989, Part 6 of Division 18 of the California Streets and Highways Code (the "1989 Law") and the provisions of the California Constitution Article XIIID ("Proposition 218"). Pursuant to the 1989 Law, a resolution of intention to establish the District was approved on March 23, 2010, and a public hearing, which was duly noticed, was held on May 11, 2010. Following the public hearing the City Council determined that majority protest regarding the formation of the District and the proposed assessments did not exist (no protests were submitted) and subsequently on May 25, 2010 the City Council adopted Ordinance No. 10-4 establishing the Tourism Marketing District ("TMD" or "District") and the Hotel Tourism Marketing Benefit Zone therein ("Benefit Zone"). This report prepared on behalf of the Advisory Board, provides an overall description of the proposed improvements and activities to be funded by the assessments, the estimated annual budget of expenses, the method of assessment and estimated revenues for Fiscal Year 2012 (commencing July 1, 2011 and ending June 30, 2012). Santa Clarita Tourism Marketing District 12011/2012 Annual Report 13 WILLDAN °. f=inancial Services The Tourism Marketing District funds various services and activities which confer special benefit to the businesses within the Hotel Tourism Marketing Benefit Zone of the District. These services include, but are not limited to: • Promotion of City of Santa Clarita through financial support of key regional and national `events that support tourism; • Development and implementation of destination marketing strategy and promotion designed to increase visitor attraction to City of Santa Clarita; • Development and undertaking of advertisement and public relations program focused on business and leisure travel; • Support and funding of the Tourism Trolley Route program; and • Attendance at key meeting and consumer trade shows. Programs and advertising opportunities that have been possible in Fiscal Year 2010/2011 as a result of the establishment of the TMD include inclusion in regional and national publications with destination features on Santa Clarita including: • Southwest Airlines Spirit Magazine • US Airways magazine • Sports Destination Management Magazine • Sports Events Magazine • Large poster AD placements at key areas of Burbank Airport promoting Santa Clarita as a key destination to visit and as a City that offers numerous, business incentives. Additional programs for our visitors include: • The summer Trolley program • Data research identifying our core tourists Assessment fees are dedicated to securing visitors and room nights through a mix of marketing programs, projects and activities, including: marketing promotion, advertising press and/or public relations, new product development, prospective marketing and visitor services, marketing research, partnership marketing and special events promotion. From amateur events to regional and national championships, Santa Clarita has become a premier sporting destination. Sport Tourism is the fastest growing sector in the global travel industry and having recognized that, the City of Santa Clarita now has established funding available to bring more sporting events to town. Events that Santa Clarita is able to pursue as a direct result of the established district include the return of the Amgen Tour of California and the award winning bid to host the United Soccer League Women's League Championship Games. Santa Clarita Tourism Marketing District) 2011/2012 Annual Report . WI L L D A N t! Financial Services The boundaries of the Tourist Marketing District includes all real property within the City of Santa Clarita; and within the TMD a Hotel Tourism Marketing Benefit Zone was established by Ordinance No. 10-4 that included the five (5) hotel properties identified below: Property Name. Assessor's,Parcel Property/Business: (Hotel/Business Name)° ' -Number Reference:'. Physical Address _ Hyatt Regency 2861-062-020 24500 Town Center Drive Santa Clarita, CA Holiday Inn Express 2861-071-008 27513 Wayne Mills Place Santa Clarita, CA Best Western Valencia Inn 2861-071-009 27413 Wayne Mills Place Santa Clarita, CA Courtyard by Marriott 2866-034-080 28523 Westinghouse Place Santa Clarita, CA Embassy Suites 2866-034-083 28508 Westinghouse Place Santa Clarita, CA For Fiscal Year 2011/2012, no additional property inclusions or modifications to the existing Benefit Zone or District boundaries are proposed: The five (5) hotel properties identified above comprise the entire Benefit Zone for Fiscal Year 2011/2012 and are proposed to be assessed in accordance with the System of Assessment (Methodology) established by ordinance. Santa Clarita Tourism Marketing District) 2011/2012 Annual Report VWILLDA,N I Financial Services Santa Clarita Tourism Marketing District ("TMD") 2011/2012 Budget " FY11 12° Percent of Account Codes _dccount�Title andDetarl. M.' ;� BudgetxEzpenses a Estimated Expense (Fiscal Year 201112012) District Administration 1. Indirect Costs & Personnel ($61,484) 13.00% 2. Professional Services (Preparation of Report & Documents) 8,500 1.80% Sub -total District Administration $69,984 14.80% 11305 5101.004 Printing 1. Promotional Materials ($15,000) 3.17% 2. Brochures (10,000) 2.11% 3. Maps (8,000) 1.69% 4. Visitor Guide 12,000 2.54% Sub -total Printing $45,000 9.51% 11305 5161.001 Contractual Services 1. Visitor Attraction Technology ($10,000) 2.11% 2. Six Flags Marketing (30,000) 6.34% 3. Photography 20,000 4.23% Sub -total Contractual Services $60,000 12.69% 11305 5161.002 Professional Services 1.Graphic Design ($15,000) 3.17% 2. Major Event Attraction (100,000) 21.14% 3. Event Incubator 45,000 9.51% Sub -total Professional Services $160,000 33.83% 11305 5.161.004 Advertising 1.Marketing Campaign $45,000 9.51% Sub -total Advertising $45,000 9.51% 11305 5161.005 Promotion & Publicity 1. HSMAI ($12,000) 2.54% 2. Promotional material/brochure inserts (33,000) 6.98% 3. Tourism Trolley Route (48,000) 10.15% Sub -total Promotion & Publicity$( 93,000) 19.66% Total Estimated 'Expenditure's (Fiscal Year 2011/2012) (472,984) 100.00% EstimatedRevenues (Fiscal Year 201112012) Estimated Fund Balance from Fiscal Year 201012011 $115,000 Assessment Revenues (Fiscal Year 201112012)' 380,000 Total Estimated Revenues (Fiscal Year 201112012) $495,000 Estimated Ending 'Fund, Balance'(Fiscal,Year201112012) 122,016 _ :Contin eric/0 eratin Reserve` • The estimated Fiscal Year 2011/2012 assessment revenue is approximatefy $380,000 based on the average receipts received by the five (5) hotel properties from July 2010 to March 2011. All services and improvements provided by the District will be fully funded from the assessments; no additional contributions from other sources are anticipated to be received. Santa Clarita Tourism Marketing District) 2011/2012 Annual Report I(� WILLDAN Financial Services In accordance with Ordinance No. 10-4 and Chapter 3.36 of Title 3 of the Santa Clarita Municipal Code, only properties designated as hotels and included within the District's Hotel Tourism Marketing Benefit Zone will be assessed. "Hotel" shall mean any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients, including but not limited to for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof, duplex, triplex, single family dwelling units except any private dwelling house or other individually owned single-family dwelling rented only infrequently and incidental to normal occupancy or any timeshare as set out in Revenue and Taxation Code Section 7280; provided, that the burden of establishing that the facility is not a hotel shall be on the owner or operator thereof. The proposed system of assessment for the District. is designed to generate revenue from hotels in the City to provide a method of funding public programs and activities that will promote the City and hotels as a tourist destination. The City's hotels comprise the Hotel Tourism Marketing Benefit Zone and are the only business proposed to be assessed. The 2011/2012 fiscal year annual assessments to be levied against hotels within the Benefit Zone are based on the benefits they derive from the program of activities. Businesses located outside the Benefit Zone (i.e., all non -hotel businesses) will not be assessed as they derive only, at most, an indirect benefit from the program of activities. In accordance with Ordinance No. 10-4, in addition to any assessments, fees,' charges or taxes imposed otherwise in the City, the City -Council proposes to levy assessments for fiscal year 2011/2012 against businesses in the Benefit Zone for the purpose of funding the programs, activities and services that will promote the City and hotels as a tourist destination. Each business in the Benefit Zone shall pay an assessment of 2% of total room rents charged and received from transient hotel guests who do not make the hotel their principal place of residence. These assessments shall be due and payable and shall be paid at the same time and in the same manner that the transient occupancy tax is due and payable and shall be subject to the same penalties and interest for nonpayment. All properties included in the Benefit Zone for fiscal year 2011/2012 will be assessed two (2%) percent of the total room rents charged and received from transient hotel guests. 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