HomeMy WebLinkAboutResolution - - 2014-222 - 12/18/2014 tit u� FRF
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RESOLUTION NO. 2014 - 222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FRESNO DECLARING RESULTS OF MAJORITY
PROTEST PROCEEDINGS AND RENEWING THE
FRESNO/CLOVIS TOURISM BUSINESS IMPROVEMENT
DISTRICT
Whereas, the Property and Business Improvement District Law of 1994 (Streets
and Highways Code §36600 et. seq.) authorizes the City to renew 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 Fresno/Clovis Tourism Business
Improvement District ("FCTBID") have petitioned the City Council to renew the FCTBID;
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
FCTBID to pay for sales promotion and destination marketing activities, and other
improvements and activities set forth in the Management District Plan; and
Whereas, the City has requested and received consent from the City of Clovis to
include lodging businesses in its jurisdiction in the FCTBID; and
Whereas, the assessed lodging businesses within the FCTBID will be specifically
benefited by the activities and improvements set forth in the Management District Plan;
and
Whereas, on October 30, 2014 at 10:00 AM at 2600 Fresno Street, Council
Chambers, Fresno, CA 93721, the City Council adopted a Resolution of Intention,
Resolution No. 2014-177, Declaring its Intention to Renew the Fresno/Clovis Tourism
Business Improvement District (FCTBID) and Fixing the Time and Place of a Public
Meeting; and
Whereas, the public meeting and public hearing to consider the renewal of the
FCTBID have been properly noticed in accordance with Streets and Highways Code
§36623; and
Whereas on November 20, 2014 at 3:30 PM at 2600 Fresno Street, Council
Chambers, Fresno, CA 93721, the City Council held a public meeting regarding the
renewal of the FCTBID, and the City Council heard and received objections and
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Date Adopted: 12/18/2014
Date Approved:12/29/2014 Resolution No. 2014-222
Effective Date: 12/29/2014
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protests, if any, to the renewal of the FCTBID and the levy of the proposed assessment;
and
Whereas, on December 18, 2014 at 2:00 PM at 2600 Fresno Street, Council
Chambers, Fresno, CA 93721, the City Council held a public hearing regarding the
renewal of the FCTBID, and the City Council heard and received all objections and
protests, if any, to the renewal of the FCTBID 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.
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 FCTBID is hereby renewed for a ten (10) year term, beginning
January 1, 2016 through December 31, 2025.
3. The activities to be provided to benefit businesses in the district will be
funded by the levy of the assessment. The revenue from the assessment levy shall not
be used: to provide activities that directly benefit businesses outside the district; to
provide activities or improvements outside the FCTBID; or for any purpose other than
the purposes specified in this Resolution, the Resolution of Intention, and the
Management District Plan.
4. The City Council finds as follows:
a) The activities funded by the assessment will provide a specific
benefit to assessed businesses within the FCTBID that is not provided to those not
paying the assessment.
b) The assessment is a charge imposed for a specific benefit
conferred or privilege granted directly to the payor that is not provided to those not
charged, and which does not exceed the reasonable costs to the local government of
conferring the benefit or granting the privilege.
c) The assessment is a charge imposed for a specific government
service or product provided directly to the payor that is not provided to those not
charged, and which does not exceed the reasonable costs to the local government of
providing the service or product.
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d) Assessments imposed pursuant to the FCTBID are levied solely
upon the assessed business, and the business owner is solely responsible for
payment of the assessment when due. If the owner chooses to collect any portion of the
assessment from a transient, that portion shall be specifically called out and identified
for the transient in any and all communications from the business owner as the
"FCTBID Assessment."
5. The assessments levied for the FCTBID shall be applied towards sales,
promotions and marketing programs to market Fresno/Clovis lodging businesses as
tourist, meeting and event destinations, and other improvements and activities as set
forth in the Management District Plan.
6. 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.
7. The assessments for the entire District will total approximately $1,400,000
in years one through five and will total approximately $2,000,000 in years six through
ten.
8. Bonds shall not be issued to fund the FCTBID.
9. The FCTBID shall include all lodging business, existing and in the future,
available for public occupancy located within the boundaries of the cities of Fresno and
Clovis. A boundary map is attached hereto and incorporated herein by reference.
10. 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
FCTBID assessment is levied as long as they are used consistent with the requirements
set forth herein. Upon renewal, any remaining revenues derived from the levy of
assessments in the prior district shall be transferred to the renewed district, and shall be
spent to benefit only the businesses in the prior district.
11. The assessments to fund the activities and improvements for the FCTBID
will be collected by the cities of Fresno and Clovis via regular reports from the lodging
businesses, and in accordance with Streets and Highways Code §36631.
12. The Fresno/Clovis Convention and Visitor's Bureau shall be the Owners'
Association pursuant to Streets and Highways Code §36614.5.
13. The Fresno/Clovis Convention and Visitor's Bureau, pursuant to Streets
and Highways Code §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.
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14. The FCTBID 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.).
15. The City Clerk, or his or her designee, is directed to take all necessary
actions to complete the establishment of the FCTBID and to levy the assessments.
16. This Resolution shall take effect immediately upon its adoption by the City
Council.
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held
on the 18th day of December, 2014
AYES Baines, Brand, Caprioglio, Olivier, Quintero, Brandau
NOES None
ABSENT Xiong
ABSTAIN None
Mayor Approval: N/A ' 2014
Mayor Approval/No Return: December 29, 2014
Mayor Veto: N/A ' 2014
Council Override Vote: N/A , 2014
YVONNE SPENCE, CMC
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:,/ I I
Brine Doerr a e
Supervising Deputy
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December 19, 2014 Council Adoption: 12/18/2014
RECEIVED Mayor Approval:
TO: MAYOR ASHLEY SWEARENGIN Mayor Veto:
Override Request:
FROM: YVONNE SPENCE, 4.JMJ� AM 7 49 r
City Clerk -0 '
SUBJECT: TRANSMITTAL OF C0646iLA6�116061iAPPROVAL OR VETO
At the Council meeting of 12/18/14, Council adopted the attached Resolution No. 2014-222
entitled, Approving the Renewal of the Fresno-Clovis Tourism Business Improvement
District, Item 2:00 PM #3, File ID#14-571 by the following vote:
Ayes Baines, Brand, Caprioglio, Olivier, Quintero, Brandau
Noes None
Absent Xiong
Abstain None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before December 29, 2014. In computing the ten day period required by Charter, the first
day has been excluded and the tenth day has been included unless the 10th day is a
Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this
memo with the Clerk's office within the required time limit shall constitute approval of the
ordinance, resolution or action, and it shall take effect without the Mayor's signed approval.
Thank you.
APPROVEDfNO RETURN:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Date:
Ashley Swearengin, Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain