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HomeMy WebLinkAboutCC RESO 2012-13RESOLUTION NO. 2012 — 13 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING RESULTS OF MAJORITY PROTEST PROCEEDINGS AND ESTABLISHING THE NATIONAL CITY TOURISM MARKETING DISTRICT WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways Code section 36600, et. seq.) authorizes cities and counties to establish property and business improvement districts upon petition by a weighted majority of the lodging business owners located within the boundaries of the district; and WHEREAS, lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the National City Tourism Marketing District (-NCTMD") have petitioned the City Council to establish the NCTMD; and WHEREAS, included with the petitions was a Management District Plan summary that describes the proposed assessment to be levied on lodging businesses within the NCTMD to pay for sales promotion and marketing activities, and other activities set forth in the Management District Plan; and WHEREAS, the assessed lodging businesses within the NCTMD will be benefited by the activities and improvements set forth in the Management District Plan; and WHEREAS, on November 15, 2011, at 6:00 p.m., at 1243 National City Boulevard, National City. CA 91950, the City Council adopted a Resolution of Intention, Resolution No. 2011-246; and WHEREAS, the public meeting and public hearing to consider the establishment of the NCTMD have been properly noticed in accordance with Streets and Highways Code section 36623; and WHEREAS on December 6, 2011, at 6:00 p.m., at 1243 National City Boulevard, National City, CA 91950, the City Council held a public meeting regarding the establishment of the NCTMD, and the City Council heard and received objections and protests, if any, to the establishment of the NCTMD and the levy of the proposed assessment; and WHEREAS, on January 10, 2012, at 6:00 p.m., at 1243 National City Boulevard, National City, CA 91950, the City Council held a public hearing regarding the establishment of the NCTMD, and the City Council heard and received all objections and protests. if any, to the establishment of the NCTMD and the levy of the proposed assessment; and WHEREAS. the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of businesses in the proposed district which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on the assessment proposed to be levied on each lodging business. Resolution No. 2012 — 13 January 10, 2012 Page Two NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT: 1. The recitals set forth herein are adopted by the City Council as findings and they are true and correct. 2. The National City Tourism Marketing District is hereby established for a five-year term. 3. The assessments levied for the NCTMD shall be applied towards sales, promotions and marketing programs to market National City as a tourist, meeting and event destination, and other improvements and activities as set forth in the Management District Plan. 4. The revenue from the levy of the assessments on lodging businesses within the NCTMD may not be used to provide for activities or improvements outside the NCTMD or for any purpose other than those specified herein, in the Management District Plan, and in the Resolution of Intention. 5. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of benefit. Because the services provided are intended to increase room rentals, an assessment based on room rentals is the best measure of benefit. 6. The amount of assessment, if passed on to each transient. shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. The assessments for the entire District will total approximately S175,000 in year one. 8. The activities and improvements set forth will be funded by the levy of an assessment on lodging businesses within the NCTMD as described in the Management District Plan that is on file with the City Clerk. 9. Bonds shall not be issued to fund the NCTMD. 10. The boundaries of the NCTMD shall be the boundaries of the City of National City. Please see the attached map, incorporated herein as Exhibit "A". 11. The assessments shall be used for the purposes set forth above, and any funds remaining at the end of any year may be used in subsequent years in which the NCTMD assessment is levied as long as they are used consistent with the requirements set forth herein. 12. The assessments to fund the activities and improvements for the NCTMD will be collected at the same time and in the same manner as are transient occupancy taxes, and in accordance with Streets and Highways Code section 36631. Resolution No. 2012 — 13 January 10, 2012 Page Three 13. The National City Chamber of Commerce shall be the Owners Association pursuant to Streets and Highways Code section 36614.5. 14. The National City Chamber of Commerce, pursuant to Streets and Highways Code section 36650. shall cause to be prepared a report for each fiscal year, except the first year. for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operation of the district. 15. The NCTMD established pursuant to this resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et. seq.). 16. The City Clerk, or his or her designee, is directed to take all necessary actions to complete the establishment of the NCTMD and to levy the assessments. 17. Council. ATTEST: /i Michael R. Dalla,'City Clerk This Resolution shall take effect immediately upon its adoption by the City PASSED and ADOPTED this 10th day of January,S 12. APP- •VED AS T• FORM: Clau.. tacitua City Attorney on Morrison, Mayor Exhibit A District Map National City Tourism Marketing District ♦•♦ ♦ ♦ C I V I T AS CIVITAsADVISORS. 4 Passed and adopted by the Council of the City of National City, California, on January 10, 2012 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. 2012-13 of the City of National City, California, passed and adopted by the Council of said City on January 10, 2012. City Clerk of the City of National City, California By: Deputy