HomeMy WebLinkAbout2012-05-22 - RESOLUTIONS - TOURISM MARKETING DIST (2)RESOLUTION NO. 12-32
A RESOLUTION OFTHE 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 ct
secl. of the Streets and Hioliways code of the State of California, the City Council adopted that
certain Resolution No.10-13), dated March 23), 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
Settina a Time and Place ofa Hearin- 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 Marketinga 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 hearing -s all written and oral protests made or filed foi- or against the
establishment 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.
NOWAHEREFORE, the City Council of the City of Santa Clarita, California, does
hereby resolve as follows:
SECTION 1. That Chapter 3). 16 is hereby reaffirmed in the Santa Clarita Municipal Code
loreal a., follows:
"Chapter 336
TOURISM MARKETING DISTRICT
Sections:
3.36.010 Establishment of Area and Beriefit Zone
3.36.020 Description of Area and Benefit Zone
3.36.030 Method of Assessment
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).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 reauthorized and the "Benefit Zone" is hereby
continued 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. Flotel shall mean
an), 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, roorning house, apartment house, dormitory, public or private club, mobile home or house
trailei 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 aggainst
such hotels based on the benefits the), derive from the program of activities. Businesses
located outside the Beriefit 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 proccedingus for inclusion of hotels proposed to operate within the
Benefit Zone. Any modification to the Benefit Zone oi- program of activities for which
the assessments are to be levied would be sub�jecl 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 ibi inclusion of such property.
C. In addition to an), 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 tire 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.
336.050 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 generated under the provisions of this resolution to the Santa Clarita
Tourism Marketing District Fund and the Advisor), Board appointed by the City Council shall
provide recommendations as to the best use of these funds to support the progorarns, 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 overnigght visits-, and
C. Developing and undertaking an advertising and public relations program focusing oil
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 TMI) 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.
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3,36.070 Effective Date
The assessments to be collected pursuant to this resolution shall be collected commencing
Fiscal Year 2012-201 3 (the Fiscal Year commencing July 1, 2012 and ending Julie 3 )0' 201 33) and
the levy of such assessments are proposed to take effect the first day of the first quarter of Fiscal
Year 2012-2013 (July 1, 2012) 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 (10) days froin its
passage and adoption.
SECTION 3). The City Clerk shall certify to the adoption of this Resolution.
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PASSED, APPROVED, AND ADOPTED tI
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ATTEST:
pt, CITY CLERK
DATE: (0/ 14
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF SANTA CLARITA
1, Sarah Gorman, City Clerk of the City of Santa Clarita, do hereby certify that the
fore.-oing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the'22nd day of May2012, by the following vote:
AYES: COUNCILMEMBERS: McLean, Weste, Kellar, Boydston, Ferry
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
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bix, CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OFSANTA CLAIUTA
CERTIHCATION OF
CITY COUNCIL R-ESOLUTION
1, 1 City Clerk of the City of Santa Clarita, do hereby
certify that this is a true and correct copy of the original Resolution 12-32 adopted by the City
Council of the City of Santa Clarita, California on May 22, 2012, which is now on file in my
office.
Witness my hand and seal of the City of Santa Clarita, California, this _ day of
2012.
City Clerk I
By
Deputy City Clerk
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EXHIBIT A
SANTA CLARITA
TOURISM MARKETING DISTRICT
HOTEL TOURISM MARKETING BENEFIT ZONE
The following is a list ofhotels now operating in the Hotel Tourism Marketing Benefit Zone
within the Santa Clarita TOUriSul Marketing District as existed on the date of this resolution or as
modified ill Subsequent proceedings for inclusion of hotels proposed to operate within the Hotel
Tourism Marketing Benefit Zone:
Best Western Valencia Inn
2741 ' ) Wayne Mills Place
Courtyard by Marriott
28523 Westinghouse Place
(Assessor 4--2861071009)
(Assessor 4-2866034080)
Embassy Suites
28508 Westinghouse Place (Assessor 9-2866034083))
Holiday Ion Express
275 1 3 ) Wayne Mills Place
Hyatt Reggency Valencia
24500 Town Center Drive
(Assessor 4--2861071008)
(Assessor 4--2861062020)
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