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Home My WebLink About2011-06-28 - RESOLUTIONS - TOURISM MARKETING DISTRICT (2)RESOLUTION NO. 11-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, TO CONTINUE THE SANTA CLARITA TOURISM MARKETING DISTRICT (BUSINESS IMPROVEMENT AREA) AND THE HOTEL TOURISM MARKETING BENEFIT ZONE IN THE CITY WHEREAS, pursuant to the Parking and Business Area Law of 1989, Section 36500 et seq. of the Streets and Highways code of the State of California, the City Council adopted that certain Resolution No. 10-13, dated March 2' ), 2010, entitled "A Resolution of the City Council of the City of Santa Clarita Declaring its Intention to Establish 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", and caused said resolution to be duly published and mailed as provided by law. WHEREAS, a public hearing concerning the formation of said Santa Clarita Tourism Marketing District, hereafter referred to as TMD, was held on May 11, 2010 and May 25, 2010 at the hour of 6:00 p.m. in the Santa Clarita City Council Chambers at City Hall, 23920 Valencia Boulevard, Santa Clarita, California. WHEREAS, at said hearings all written and oral protests made or filed for or against the establislu-nent of the TMD and a Hotel Tourism Marketing Benefit Zone (hereafter referred to as "Benefit Zone"), were duly heard, evidence for and against the proposed action was received and a full, fair and complete hearing was granted and held. WHEREAS, the City Council heard all protests and all protests, both written and oral, were entered into the record and it was determined by the City Council that there was no majority protest within the meaning of said Streets and Highways Code, Section 36500 et seq. WHEREAS, the public and business interest, convenience, and necessity have facilitated the establishment of the proposed TMD and Benefit Zone. WHEREAS, in the opinion of the City Council, the businesses within the Benefit Zone will be benefited by the expenditure of the funds raised by the assessments as contemplated by said Section 36500, et seq. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That Chapter 3 ).-3 )6 is hereby added to the Santa Clarita Municipal Code to read as follows: I"Chapter 3.36 TOURISM MARKETING DISTRICT Sections: 3.36.010 Establishment of Area and Benefit Zone 3.36.020 Description of Area and Benefit Zone 3.36.030 Method of Assessment 3.36.040 Funds 3.36.050 Use of Revenues 3.36.060 Amendments 3,36.070 Effective Date 3.36.080 Validity of Resolution 3,36.010 Establishment of Area and Benefit Zone. . Pursuant to Section 36500 et seq. of the Streets and Highways Code of the State of California, a business improvement area designated as the Santa Clarita Tourism Marketing District ("TMD") of the City of Santa Clarita is hereby created and established and the "Benefit. Zone" is hereby created and established within such TMD. 3.36.020 Description of Area and Benefit Zone The boundaries of the TMD shall include all of the real property within the City of Santa Clarita and the boundaries of said area are coterminous with the City boundaries, a' map of which is on file in the office of the clerk. The boundaries of the Benefit Zone shall include designated hotels now operating in the City identified and attached hereto as Exhibit "A" and may include hotels hereafter operating in the TMD pursuant to proceedings for inclusion. Hotel shall mean any structure, or any portion of any structure, which is occupied or intended or designed or occupied 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 7280; provided, that the burden of establishing that the facility is not a hotel shall be on the owner or operator thereof. 3.36.030 - Method of Assessment A. Only those designated hotels included within the Benefit Zone (identified and attached hereto as Exhibit "A") shall be assessed. An annual assessment is to be levied against such hotels 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. B. This resolution and requirements established herein shall be applicable to all hotels in the designated Benefit Zone as said hotels existed as of the date of this resolution or as modified in subsequent proceedings for inclusion of hotels proposed to operate within the 2 Benefit Zone. Any modification to the Benefit Zone or program of activities for which the assessments are to be levied would be subject to notification of all affected businesses within the TMD 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 modifications, including the inclusion of additional hotels or business. Assessments on newly established hotels shall commence immediately upon the first day of operation and after the public hearing for inclusio� of such property. C. In addition to any assessments, fees, charges or taxes imposed otherwise in the City, the City Council proposes to annually levy assessments 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 percent of total room rents charged and received from transient hotel guests who do not make the hotel their principal place of residence. D. The assessments hereby levied 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. E. The Method of Assessment established by this resolution shall not be changed without written notice to all businesses in the TMD and a public hearing held by the City Council. At such a public hearing, the City Council shall hear all protests and receive evidence, including written protests, for and against the establishment of any change in the Method of Assessment. 3 ).36.040 Funds There is created a special fund of the City to be designated as the "Santa Clarita Tourism Marketing District Fund" into which all revenue derived from the assessments under this resolution shall be placed and such funds shall be used only for the purposes specified in this resolution. 3.36.050 Use of Revenues Revenues derived from the Method of Assessment described herein, shall be used for programs and activities that will promote the City and hotels as a tourist destination. The City shall allocate the revenue cyenerated under the provisions of this resolution to the Santa Clarita Tourism Marketing District Fund and the Advisory Board appointed by the City Council shall provide recommendations as to the best use of these funds to support the programs, activities, and services to promote the City and hotels as a tourist destination on an annual basis. The Advisory Board shall make recommendations to the City of Santa Clarita and the City Council as to the use of available revenue for the following purposes: 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 designed to increase visitor attraction to Santa Clarita, including overnight visits; and C. Developing and undertaking an advertising and public relations program focusing on the business and leisure travel trade; and D. Annual operation expenses including, but not limited to, annual district administration functions and expenses, consultants, printing, postage and meetings. 3.36.060 Amendments Businesses within the TMD established by this resolution shall be subject to any amendments to the Parking and Business Improvement Area Law of 1989, Section 36500 et seq. of the Streets and Highways Code. 3.36.070 Effective Date The assessments to be collected pursuant to this resolution shall first be collected commencing Fiscal Year 2011-2012 (the Fiscal Year commencing July 1, 2011 and ending June 30, 2012) and the levy of such assessments are proposed to take effect the first day of the first quarter of Fiscal Year 2011-2012 (July 1, 2011) and shall be collected on a quarterly basis thereafter. 3.36.080 Validity of Resolution - If any section, sentence, clause or phrase of this resolution is, for any reason, held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this resolution. The City Council of the City of Santa Clarita hereby declares that it would have passed and does hereby pass this section and each sentence, section, clause and phrase hereof, irrespective of the fact that anyone or more sections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 2. This resolution shall be in full force and effect thirty (30) days from its passage and adoption. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this 28th day of June 2011.- 01 NEw" 0 LVJ I fA%V , LfJ ATTEST: ACTINU CITX/CLERK DATE: 1ho // / - / t I I M I I I STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA 1, 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 28th day of June 2011, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COtTNCILMEMBERS: Ferry, Weste, Kellar, McLean None Ender EXHIBIT A SANTA CLARITA TOURISM MARKETING DISTRICT HOTEL TOURISM MARKETING BENEFIT ZONE The following is a list of hotels now operating in the Hotel Tourism Marketing Benefit Zone within the Santa Clarita Tourism Marketing District as existed on the date of this resolution or as modified in subsequent proceedings for inclusion of hotels proposed to operate within the Hotel Tourism Marketing Benefit Zone: Best Western Valencia Inn 27413 Wayne Mills Place Courtyard by Marriott 28523 Westinghouse Place Embassy Suites 28508 Westinghouse Place Holiday Ian Express 27513 Wayne Mills Place Hyatt Regency Valencia 24500 Town Center Drive (Assessor #--2861071009) (Assessor #--2866034080) (Assessor #--2866034083) (Assessor #--2861071008) (Assessor #--2861062020) L- I I- I I STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF SANTA CLARITA CERTIFICATION OF CITY COUNCIL RESOLUTION City Clerk of the City of Santa Clarita, do hereby certify that this is a true and correct copy of the original Resolution 11 -66 adopted by the City Council of the City of Santa Clarita, California on June 28, 2011, which is now on file in my office. Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20 City Clerk By Deputy City Clerk I