HomeMy WebLinkAbout2012-05-08 - RESOLUTIONS - TMD LEVY OF ASMT (2)RESOLUTION NO. 12-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA,CALIFORNIA, DECLARING ITS INTENTION TO
LEVY ANNUAL ASSESSMENTS FOR FISCAL YEAR 2012/2013 WITHIN
THE SANTA CLARITATOURISM MARKETING DISTRICT ("TMD")
W1 IEREAS, 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"); arid
WHEREAS, pursuant to Section 36533 ol 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; arid
WHEREAS, the City Council intends to levy arid collect assessments within the Benefit
Zone of the TMD for fiscal year 2012/2013 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 THERE.FORE, the City Council of the City of Santa Clarita does hereby resolve as
follows:
SECTION 1. Recitals. The above recitals are all true arid 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 theTMD for fiscal year 2012/2013, which commences
July 1, 2012, 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.
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SECTION '). Boundaries. For fiscal year 2012/2013), 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 2012/20 1
generally include but are not limited to the following:
(a) Promoting the identity of Santa Clayita 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
targoeting 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
(I) Support and funding of the Summer 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 2012/13 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 '13," attached hereto and
incorporated herein by this reference.
SECTION 7. Annual Report. The City Council hereby approves the Annual Report for
fiscal year 2011/12 as submitted to the City Clerk or as amended herein by City Council
direction. Said Annual Report as submitted or arriended provides a full and Sufficient description
of the improvements, services and activities to be funded by the assessments for fiscal year
2012/2013� the boundaries ofthe 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
pail of this resolution. I
SECTION S. Public Hearing. A public hearing concerning the 2012/2013 levy of annual
assessments for the TMD Benefit Zone will be held on May 22, 2012, at 6:00 p.m., oi- 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 forin 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 assessinent shall be taken for a period of one year from
the date ofthe finding of a majority protest by the City Council. If the majority protest is only
ag-ainst 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 an), written protest and at the public hearing may correct minor defects in
the proceedings. A written protest ma% be withdrawn in writing at any time before the conclusion
of the public hearing
SECTION 9. Notice of Hearinp. 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 May 22, 2012.
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PASSI-D, APPROVED AND ADOPTED this 8th of May 201?
MAYOR
ATTEST:
-a/-a k
CITY CLERK
DATE:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLARITA
1, Sarah P. Gorman, 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 8th day of May 2012, by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
CITY CLERK
Weste, Kellar, Boydston, McLean, Ferry
None
None
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OFSANTA CLARJTA
CERTIFICATION OF
CITY COUNCIL RESOLUTION
1, , City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Resolution 12-21 adopted by the City
Council of the City of Santa Clarita, California on May 8, 2012, which is now on file in my
office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of 20
ICity Clerk
By
Depot), City Clerk
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EXHIBIT A
SANTA CLARITA
TOURISM MARKETING DISTRICT
HOTEL TOURISM MARKETING BENEFIT ZONE
Hotels in Fiscal Year 2012/2013
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
2012/2013.
Best Western Valencia Inn
27413) Wayne Mills Place
Santa Clarita, CA
Holiday Inn Express
27513 Wayne Mills Place
Santa Clarita, CA
Courtyard by Marriott
28523 Westinghouse Place
Santa Clarita, CA
Embassy Suites
28508 Westinghouse Place
Santa Clarita, CA
Hyatt Regency Valencia
24500 Town Center Drive
Santa Clarita, CA
(Assessor #--2861071009)
(Assessor #--2861071008)
(Assessor 4-2866034080)
(Assessor 4--28660" )4083)
(Assessor 4--2961062020)
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Exhibit B
SANTA CLARITA
TOURISM MARKETING DISTRICT
HOTEL TOURISM MARKETING BENEFITZONE
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 progranis 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 collectcd 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.
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