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HomeMy WebLinkAboutCC RESO 2011-246RESOLUTION NO. 2011 — 246 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FORMATION AND IMPLEMENTATION OF THE NATIONAL CITY TOURISM MARKETING DISTRICT WHEREAS, the Property and Business Improvement District Law of 1994 ("PBID Law"), Streets and Highways Code section 36600, et seq., authorizes cities and counties to establish property and business improvement districts for the purposes of promoting tourism; and WHEREAS, the National City Chamber of Commerce, lodging business owners, members of the business community, and representatives from the City of National City have met to consider formation of the National City Tourism Marketing District ("NCTMD"); and WHEREAS, the National City Chamber of Commerce and lodging businesses within the City have drafted a Management District Plan that sets forth the proposed boundaries of the NCTMD, a service plan, budget, and a proposed means of governance; and WHEREAS, a majority of the lodging business owners subject to assessment under the NCTMD have petitioned the City Council to establish the NCTMD. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City finds and declares as follows: 1. That the recitals set forth herein are true and correct. 2. That the Management District Plan satisfies all requirements of Streets and Highways Code section 36622. 3. That the name of the district shall be the National City Tourism Marketing District ("NCTMD"). 4. That the boundaries of the NCTMD shall be the boundaries of the City of National City. 5. That the lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Management District Plan have signed and submitted petitions in support of the formation of the NCTMD. 6. That the City Council accepts the petitions and adopts this Resolution of Intention to establish the NCTMD and levy an assessment on certain lodging businesses within the NCTMD boundaries in accordance with the Property and Business Improvement District Law of 1994. 7. That the City Council declares its intention to establish the NCTMD, and to levy and collect assessments on lodging businesses within the NCTMD boundaries pursuant to the Property and Business Improvement District Law of 1994. 8. That the NCTMD annual assessment rate for lodging businesses is 2.5% of gross short term (stays less than 31 days) room rental revenue. Based on the benefit received, assessments will not be collected on certain stays as described in the Management District Plan. Resolution No. 2011 — 246 November 15, 2011 Page Two 9. That the assessments levied for the NCTMD shall be applied toward sales promotion and marketing programs to market National City lodging businesses as tourist, meeting, and event destinations, and for other activities as set forth in Streets and Highways Code section 36610. Funds remaining at the end of any year may be used in subsequent years in which NCTMD assessments are levied as long as they are used consistent with the requirements of this resolution. 10. That the NCTMD will have a five-year term unless renewed pursuant to Streets and Highways Code section 36660. 11. Bonds shall not be issued. 12. That the time and place for the public meeting to consider establishing the NCTMD and the levy of assessments are set for December 6, 2011, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City Council Chambers located at 1243 National City Boulevard, National City, California 91950. 13. That the time and place for the public hearing to establish the NCTMD and the levy of assessments are set for January 10, 2012, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City Council Chambers located at 1243 National City Boulevard, National City, California 91950. 14. That the City Clerk is directed to provide written notice to the lodging businesses subject to assessment of the date and time of the hearing, and to provide that notice as required by Streets and Highways Code section 36623. 15. That at the public hearing the testimony of all interested persons for or against the establishment of the NCTMD may be received. If at the conclusion of the public hearing, there are of record written protests by the owners of the lodging businesses within the proposed NCTMD that will pay fifty percent (50%) or more of the estimated total assessment of the entire NCTMD, no further proceedings to establish the NCTMD shall occur. 16. That the complete Management District Plan is on file in the office of the City Clerk, and may be reviewed upon request. 17. That this Resolution on Intent shall take effect immediately upon its adoption by the City Council. PASSED and ADOPTED this 15th day of Novemb-r, 2011. Mo rison, Mayor ATTEST: i N 4;Micl R. Dalla, Ci +%(.w Clerk Passed and adopted by the Council of the City of National City, California, on November 15, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-246 of the City of National City, California, passed and adopted by the Council of said City on November 15, 2011. City Clerk of the City of National City, California By: Deputy