RESOLUTION NO. 2022-36
A RESOLUTION OF THE City Council OF THE City OF Visalia DECLARING ITS INTENTION TO RENEW THE Visalia TOURISM Marketing DISTRICT AND FIXING THE TIME AND PLACE
OF A PUBLIC MEETING AND A PUBLIC HEARING THEREON
AND GIVING NOTICE THEREOF
WHEREAS, the City of Visalia (City) created the Visalia Tourism Marketing District (VTMD) in 2018 for a five (5) year term, and WHEREAS, the current term of the VTMD ends on December 31, 2022; and WHEREAS, the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq., authorizes the City to renew business improvement districts for the purposes of promoting tourism; and WHEREAS, the Visalia Tourism Marketing District Corporation, lodging business owners, and representatives from the City have met to consider the renewal of the VTMD; and WHEREAS, the Visalia Tourism Marketing District Corporation has drafted a Management District Plan (Plan) which sets forth the proposed boundary of the VTMD, a service plan and budget, and a proposed means of governance; and WHEREAS, lodging businesses who will pay more than fifty percent (50%) of the assessment under the VTMD have petitioned the City Council to renew the VTMD.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council THAT:
1. The recitals set forth herein are true and correct.
2. The City Council finds that lodging businesses that will pay more than fifty percent (50%) of the assessment proposed in the Plan have signed and submitted petitions in support of the renewal of the VTMD. The City Council accepts the petitions and adopts this Resolution of Intention to renew the VTMD and to levy an assessment on certain lodging businesses within the VTMD boundaries in accordance with the Property and Business Improvement District Law of 1994.
3. The City Council finds that the Plan satisfies all requirements of Streets and Highways Code § 36622.
4. The City Council declares its intention to renew the VTMD and to levy and collect assessments on certain lodging businesses within the VTMD boundaries pursuant to the Property and Business Improvement District Law of 1994.
5. The VTMD shall include all lodging businesses, existing and in the future, with twenty (20) rooms or more located within the boundaries of the City of Visalia, as shown on the map attached as Exhibit A.
6. The name of the district shall be the Visalia Tourism Marketing District (VTMD).
7. The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than thirty (30) consecutive days or stays by representatives or employees of a State or Federal government agency in the performance of their official duties as a representative or employee of the government agency paid for by the government agency.
8. The assessments levied for the VTMD shall be applied toward sales promotion and marketing programs and destination development programs to market assessed lodging businesses in Visalia as tourist, meeting, and event destinations, as described in the Plan. Funds remaining at the end of any year may be used in subsequent years in which VTMD assessments are levied as long as they are used consistent with the requirements of this resolution and the Plan.
9. The renewed VTMD shall have a ten (10) year life, beginning January 1, 2023 through December 31, 2032, unless renewed again pursuant to Streets and Highways Code § 36660.
10. Bonds shall not be issued.
11. The time and place for the public meeting to hear testimony on renewing the VTMD and levying assessments are set for July 18, 2022, at 7:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 707 W. Acequia Avenue, Visalia, CA 93291.
12. The time and place for the public hearing to renew the VTMD and the levy of assessments are set for August 1, 2022, at 7:00 PM, or as soon thereafter as the matter may be heard, at the Council Chambers located at 707 W. Acequia Avenue, Visalia, CA 93291. The City Clerk is directed to provide written notice to all lodging businesses subject to assessment of the date and time of the meeting and hearing, and to provide that notice as required by Streets and Highways Code § 36623, no later than June 7, 2022.
13. At the public meeting and hearing the testimony of all interested persons for or against the renewal of the VTMD 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 boundaries of the VTMD that will pay more than fifty percent (50%) of the estimated total assessment of the entire VTMD, no further proceedings to renew the VTMD shall occur for a period of one year.
14. The complete Plan is on file with the City Clerk and may be reviewed upon request.
15. This resolution shall take effect immediately upon its adoption by the City Council.
I HEREBY CERTIFY that the foregoing Resolution of Intention was introduced and adopted at a regular meeting of the City Council on the ______ day of ____________________ 2022 by the following vote:
AYES: Council MEMBERS:
NOES: Council MEMBERS:
ABSENT: Council MEMBERS:
ABSTAIN: Council MEMBERS:
_______________________________
Mayor
ATTEST:
_________________________________
City Clerk
EXHIBIT A
VTMD Boundaries