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Home My WebLink About8.1 TourismBusImprovement ~ CITY CLERK File # D~~[:OJ-[5J[Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 20,2005 SUBJECT: Granting Consent to the City of Pleasant on to fonn Tri-Valley Tourism Business Improvemcnt District (TVTBID) Report Prepared hy: Christopher L. Foss Economic Development Director ATTACHMENTS: I. 2. 3_ 4. District Boundari es (Hotel Map) List of Lodging Properties in Tri-Valley TBID Managcment District Plan Proposed Resollltion RECOMMENDATlO~ \: Adopt the proposcd Resolution granting consent to the City of Pleasanton to fonn the Tri-Valley Tourism hnprovement District (TVTBID). F1NANCIAL STATEMENT: If the TVTBID is approved, the City will eliminate the TVCVB expenses for Fiscal Year 2006-07. DESCRIPTION: In 2004, the Tri-Valley Convcntion and Visitor's Bureau (TVCVB) initiated the idea of fonning a Tri-Valley TOllrism Busincss hnprovement District (TVTBID) for the purpose of expanding tourism in the Tri-Valley cities, which ineludes Dub1in, Livermore, Pleasanton, and San Ramon. The intent of creating the TVTBID stemmed from the TVCVB's desire to create a revenue source that specifically promotcs and supports tourism efforts that generate overnight stays. The Tri- Valley Convention and Visitors Bureau SllpportS the fonnation of a Tomism BID for the Tri-Valley for the following reasons: City Budgets are Decreasing: At the present time, the cIties of Dublin, Livennore, Pleasanton and San Ramon contribute nearly 85% of the TVCVB's annual budget of $580,000. Due to the increase pressurc on City budgets, the TVCVB felt it was appropriate to look forward alternative revenue sources to support the grOllp'S efforts. Need to be morc self-sufficient in tOllrism promotion: In order to continue as an organization committed to tourism promotion, the TVCVB feels that they need a stable source of funding directly tied to tourism. The proposed Tourism BID would provide a large, somewhat stable revenuc base from which to create programs promoting tourism, etc. Need to improve existing tourism vromotion: As stable revenlle source from the TOllrism BID would provide the rcsources necessary to expand on existing promotional programs and also augment sales staff and marketing efforts. ---------~--~---------------~-----------------_._-----------~~----------------------~------------------~----- COPIES TO: H/cc-form,/agda,tmt.dot \Ùè~Y ITEMNO.~ PURPOSE OF FORMING A TVTBID: The TVCVB, and the majority of Tri- Valley lodging businesses, are proposing to assess a flat rate per occupied room night to their customers, that would be collected with the T.O.T. and reinvested in programs and activities that generate more overnight stays. The TVCVB's primary marketing focus will be to continlle promotion of the area through amenities and activities such as golf, shopping and dining, festivals, and cultural events. BID OVERVIEW AND PROCESS: In the State of California, Tourism BlIsiness Improvcmcnt Districts are fornled pllrsllant to the Propcrty and Business hnprovement District Law of 1994 (PBID) or the Parking and Business Tmprovcmcnt District Law of 1989 (BID Law). The Property and BlIsiness hnprovement District Law of 1994 is a statc statute that governs improvement districts allowing for a type of assessment enacted into law within a specific boundary or district. This PBID Law can be used for tourism asscssments. In order for the TVCVB and Tri-Valley lodging businesses to form the TVTBID, they must first receive approval from the local city in wmch they do business to assess this fee. Additionally, the local jurisdiction (City of Dublin) is responsible for thc collection of this assessment and the distribution of the assessment to the governing board of directors for the TVTBID. Before the TVCVB approached the City Councils of the four Tri-Valley cities with thc Tourism BID proposal, they wanted to make sure there was consensus among the hotel membcrs to create this assessment. Since March of 2005, thc TVCVB Executive Director (Amy Blaschka) has been meeting with rcprcscntatives of all affected lodging bllsinesses to discuss the proposal and to elicit any feedback. On July 28, 2005, the TVCVB hosted a lunchcon for all affected lodging businesscs to review the final pJan and the process for fonning the TVTBID. To date, there is significant support from the lodging businesses to fonn the TVTBID (at approximately 54% as of September I, 2005). At thc time of this report's preparation, two of Dublin's four hotels (Radisson Hotel and Extended Stay America) have submitted a petition in support of the assessment. These two hotels represent 62% of the City's hotel rooms (356 of575 rooms). Thc formation of the TBID is based on the submittal of pctitions from lodging businesses rcpresenting more than 50% of tbe total annual assessment. In other words, owners/operators of lodging bllsinesses reprcscnting at least $500,001 (50% of the annual assessment +$1) have to affirmatively agree to assess themselves the $1 per occupied room night. The TVCVB and its members have chosen to use the 1994 PBID Law so that the assessment is in place for five years before it is re-considered. JURISDICTION GRANTING OF AUTHORITY AND BID FORMATION TIMELINE: In order to streamline the process of fonning thc BID for the four Tri-Valley cities, the cities of Dublin, Livermore and San Ramon are interested in granting consent to the City of Pleasanton to serve as the point of contact and administrative and legal body in fanning the BID. Once the cities of Dublin, Livennore and San Ramon have grantcd consent to the City of Pleasant on, the City of Pleasanton would be responsiblc for all noticing and meeting requirements for the fonnation of the BID. The timeline is outlincd below: Scvtember 6. 2005: City of Pleasanton adopts a resolution requesting the cities of Dublin, Livermore and San Ramon to grant the City of Pleasanton authorizatioD to form the TVTBID. Mid Sevtember 2005: Dublin, Livennore and San Ramon City Councils adopt rcsolutions granting the City of Pleasanton authorization to fonn the TVTBID. October 4. 2005: Pleasanton City Council adopts Resolution ofTntent to fonn the TVTBID. 2~Y 2 Octobcr 5.2005: City of Pleasanton mails notice ofpllbJic hearing. December 6.2005: Pleasanton City Council holds Public Hearing - adopts ordinance to fonn the TVTBID lInless there is a majority protest (50% + I) January I. 2006: TVTBID Assessment implemented. July I, 2006: Tri-Valley Convention and Visitors Burcau (TVCVB) begins use of assessment fll1lds for FY 2006-07 operational expenses. PARAMETERS OF THE TVTBID: BOUNDARY The district will include all lodging businesses with 35 rooms or more located within the city limits of thc cities of Dublin, Livennore, Pleasanton, and San Ramon. At the present time, tbe boundarics include 37 lodging businesses (see Attachment I - map and Attachment 2 ..-' list of lodging properties). Any new lodging properties that meet thc criteria and are built after the formation of thc TVTBID will automatically bc includcd in the TVTBID. ASSESSMENT The assessment wi1l be $ 1.00 per occupied room night for each participating lodging business. Extended stays will bc cxcmpt from the Tri-Valley Tourism BID assessment pursuant to Section 3.20.020 (0) of the Unifonn Transient Occupancy Tax Ordinance of the City of Dublin. Extended stays are defined as stays of morc than 30 consccutivc calendar days. All persons and parties that arc exempt from paying tbe T.O.T. under the Dublin Municipal Code will also be exempt from the TVTBID assessment. The Tri-Val1ey Tourism BID assessment will bc implemented on January I, 2006 and will be in place for five (5) years, with dispersmcnt of funds to begin July I, 2006. The assessment will be collected from cach lodging business on a monthly basis (along with the City's Transient Occupancy Tax collection). The City of Pleasant on will collect the assessments from the cities of Dublin, Livennore, and San Ramon and will forward the funds to thc TVcVB, who will manage the Tourism BID programs pursuant to the authorization of the District Management Plan. It is estimatcd that the first full year's assessment (Fiscal Year 2006-07) will generate approximately $1,000,000. Of that amount, Dublin's four hotel properties could generate approximately $120,000 - or approximately 12% of the District's total ammal assessments. By comparison, thc City of Dublin contributes $56,555 ofthc TVCVB's FY 2005-06 budget of$ 603,391, or 9.37%. TRI- V ALLEY TOURISM BID BUDGET A preliminary budget has been prepared as part of the District Management Plan. The year one service plan budget (Fiscal Year 2006-07) calls for expenditures of approximately $1,000,000. Lodging business owners will contribute the entire amount through annual assessments. The service plan budget was developed in conjunction with lodging business stakeholders with expenditures as follows: Sales and Marketing: Communications and Public Relations: Administration/Operations: Administrative Fee for Cities Contingency/TBID Renewal: $460,000 $250,000 $220,000 $ 20,000 $ 50,000 3 3COL\ ANALYSIS: The creation of the Tri-Valley TOllrism BID would allow the Tri-VaJley CVB to continue its successful public/privatc partncrship between members, assessed lodging businesses and funding cities. It would also allow the City of Dublin to re-allocate the funds annually provided to the Tri- Val1cy CVB ($56,555 for Fiscal Year 2005-06) to other civic Ümctionslactivities. There may bc expenses incllITed in the col1ection of these fllnds from the City's hotels, and the City will col1ect an administrative fee each year for the collection of the funds. Bascd upon the TVTBID's proposed budget for FY 2006-07, the four cities would split $10,000 in administrative fees per year, bascd on each city's percentage of room nights (the City of Dublin has approximately 12% of thc rooms and would collect approximately $1,200 per year). RECOMMENDATION: Adopt the proposed resolution granting consent to the City of Pleasant on to fonn the Tri-Valley Tourism Business hnprovement District (TVTBID). O:\Chris\Tri-VlI.lley Touri£õm DID\TVTDID staff report approved by CA 083120OS.DOC 4 400Y Tri-Vallcv Tourism BID Boundaries \D'b~O '" " '" / / F-,,-#<!T )) I I. ~~IIhf,IIIIIIt"'5jltt~ 11,¡I'¡.~n.".",,,,,.ç.. l......fioMl"* ¡- ~"ö"~"')[1I1 1:¡¡.~Ð-.dJ"""'o.ko_. l.,IIIUIMoIII U,fQItl'\.ll.'UHr.t!IIA."1I ~_~..r\t.. ...6>w~""M.rriøtt, --... 1o.~...hlll f¡, ~~!'I)"IWI ~ M_I(>!\. u............. 1.:I._tloDn.s.liII~1l'd. oI.,((,.,~I.)~(.'t. i_allllt'lilll ''''"~.~''''''' 'T. <_""'ølkQl 17.M~",~w-""tIl.lQllj;o 0\. OI~I'-""_OIIbHÞIIIII 1&'~"".lI;Ipra..1IIo1'41 !I'. bI.oi..J.d~\øJ''''nRrir... 0.... 1¡).~""IfÞPN';.~~Þ¡I":s.~~ 1o.bt...d.dJt.yAmork& .JA.IIII...... TVTBID Pdition FINAL '-28-05 ¡¡ Nimh Nt:JtwSC1V6 .. I-IOTELS -".,_.. tiNDER CONSTRUCTION .........: RAilROAD ...._.I¡IART~~~ '''II~I<¥'iI'\II~' ......_-~- 1'i'I~'I"I"'_ ."..,.. . -J""\:"~,l ') ~- 'ì \ \, . Ii \ ",l . \ \/ \ ¡;~-~ I ! ~- '\ r jíf' n&.O"¡:·"~·~\ '\ L1 / , / ", §~",r /- :;w,N>_...~,~,,,i:..HI¡it.II :t'I'."".IrIo..."".by-.io.tt. ...-- ~1....~_....dI~ 1D__........M_Dit ;I¡.MIQoI,¡; U._IIo_~,Q¡."',,_. ~"tI, 2),MMl-le. U.SIo,...SIIiI..R>I.1 H.~".1I5.1k. U_,~"....I.. J:S.lllldhoa.lIotlllllllblloo H.S_~5oIb.._1 :r..,1IMnIIi<io1ll. u_n..~_II<>I.1 :17."''''''""".. ",,_niott. 1I'It1lo_''¡' ;w.~~I....~~~tt. ...-. ~,"'f_"",'.1I'Ior.p«I"". H,WyIldll"""'~~ ~ :r..+E.N\ 8, \ Û¡-W-05 Attachment 1 Lodging Establishments in Tri-Valley TBID 2°6"50 Rooms Pmperiy City 234 Radisson Hotel Dublin 128 AmeriSuites Hotel Dublin 122 Extended Stay America Dublin 91 Holiday Inn Express Dublin 575 125 Doubletree Club Hotel Livermore 125 Springtown Inn Livermore 122 Extended Stay America Livermore 121 Courtyard by Marriott Livermore 102 Motel 6 Livermore 97 Hilton Garden Inn Livermore 96 Residence Inn by Marriott Livermore 92 Holiday Inn Express Livermore 80 Hampton Inn Livermore 62 Hawthorne Suites. Ltd. Livermore 60 Comfort Inn Livermore 60 Vineyard Inn Livermore 58 AmeriHost Inn & Suites Livermore 37 Quality Inn Livermore 1,237 294 Hilton Pleasanton at the Club Pleasanton 242 Crowne Plaza Hotel Pleasanton 214 Four Points Hotel Sheraton Pleasanton 171 Wyndham Garden Hotel Pleasanton 145 Courtyard by Marriott Pleasanton 135 Residence Inn by Marriott Pleasanton 128 Summerfield Suites Hotel Pleasanton 126 Larkspur Landing Pleasanton 112 Extended Stay Deluxe Pleasanton 102 Ramada Inn Pleasanton 76 Motel 6 Pleasanton 38 The Rose Hotel Pleasanton 1,783 368 San Ramon Marriott San Ramon 147 Homestead Studio Suites Hotel San Ramon 142 Sierra Suites Hotel San Ramon 137 Courtyard by Marriott San Ramon 128 Extended Stay America San Ramon 119 San Ramon Valley Confernece Center San Ramon 106 Residence Inn by Marriott San Ramon 1,147 4.742 Total Rooms in TBID Attachment 2 TRI-VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Submitted to the Tri-Valley Convention & Visitors Bureau July 28, 2005 By Downtown Resources DQ1MlN1P~:N '3~~o Attaehment 3 '--\~~O TRI-V ALLEY TOURISM BID MANAGEMENT DISTRICT PLAN TABLE OF CONTENTS I. INTRODUCTION AND OVERVIEW................................................................................... 1 II. WHY A TOURISM BID FOR THE TRI- V ALLEY? .......................................................... 2 ill. WHAT IS A TOURlSM BUSINESS IMPROVEMENT DISTRICT? ............................3 IV. HISTORY OF THE TRl- VALLEY TOURlSM BUSINESS IMPROVEMENT DISTRICT ........................................................................................ ....................... ......................4 V. TOURISM BID BOUNDARIES .......................................................m.__.......m....................... 5 VI. SERVICE PLAN AND BUDGET .......................m....__uu.m__...__.__......................................... 7 VII. TOURISM BID GOVERNANCE..........................................................................................12 APPENDIX I - THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 ,. u., ......,..'. m m".,' __ __,., m".,.".,.,,' __ __ ..... ................... ............................................................... 13 APPENDIX 2 - LODGING BUSINESSES TO BE ASSESSED WITHIN THE TRI-V ALLEY TOURISM BID: ...........................................................,.........,........,........................................,.24 Trl-Valley Tourism BID Management District Plan Pagci I. INTRODUCTION AND OVERVIEW 5~~ Developed by a coalition of lodging business owncrs in conjunction with the Tri-Valley Convention & Visitors Bureau (TVCVB), the Tri-Valley Tourism Business Improvement District (TBID) is a benefit assessment district proposed to improve the tourism activity in the Tri-Valley area which includes the cities ofPJeasanton, Livermore, Dublin, and San Ranlon. The TBID will establish various programs to incrcase the tourism activity in the Tri-Valley. This approach has been used successfully in other tourism and commercial areas throllghout the country to increase occupancies, increase sales, promote tourism destinations and increase commercial activity. Location: The approximate boundaries: The proposed TBID includes all lodging busincsses with 35 rooms or more located within the city limits of the cities of Pleasanton, Livennore, Dublin, and San Ramon. Services: Marketing and promotions to increase tourism and market the Tri-Vallcy arca as a tourist, meeting, and event destination. Bndget: The total TBID budget for year one of its five (5) year operation is a basc of approximately $1,000,000. Cost: Annual assessment rates are based upon a flat rate of $1.00 per occupied room per night on lodging businesses with 35 rooms or more. Lodging business stays of more than 30 consecutive days are exempt from thc asscssment. Government employees on government business are also cxcmpt from the assessment. Formation: TBIO fonnation requires submittal of petitions from lodging businesscs representing more than 50% of the total annual assessment followed by a City Council hearing and an opportunity for a writtcn protest. The assessed lodging business owncrs will receive notice of the public hearing by maiL If there is a majority written protest, the TBID will not be fonned. Duration: The proposed District TBID will have a five year life. The IBID assessment will be implemented beginning Janllary I, 2006 and will be in cffcct for five years. (Note that expenditures will trail implcmcntation of the TBID by approximately six months to allow for collection.) After five years, the petition and City Council hearing process must be repeated for the TBID to be renewcd. Tri-Valley Tourism BID Management District Plan Page 1 II. WHY A TOURISM BID FOR THE TRI-V ALLEY? /.Q (Sb ~O There are several reasons why now is the right time to form a Tourism BID in the Tri-Valley: 1. City budgets are decreasing The Tri-Valley Convention & Visitors Bureau has been fortunate to receive uninterwpted funding from the cities of Pleasanton, Livennore, Dublin and San Ramon for a number of years. However, with increased demands for money on local citics from the state and other grOllpS, available resources are dwindling. Additionally, the Tri-Valley CVB's funding has always been supplied from each city's General FlInd (not transient occupancy tax money), and the General Fund is the same finite pool of funds cities use to hire additional firefighters, police officers and the like. As they can no longer assure the Tri- Valley CVB the same level of funding, the cities have asked the cVB Board of Directors to seek an alternative fllllding SOllICe. 1. The need to be more self sufficient in tourism promotion For reasons statcd abovc, the Tri-Valley CVB needs to become more self-reliant when it comes to tourism promotion. In order to continue as a strong organization, the Tri-Valley CVB needs a stable source of funding directly tied to tourism. Forming a Tri- Valley Tourism BID would provide the Tri-Valley CVB a larger, morc stable budget base and allow the organization to redirect time previously spcnt on preparing budgets for the cities, to marketing and promotional activities. This will in turn help create greater occupancy, and thcrcforc, increase potential assessment dollars. 3. Need to improve and build upon existing tourism promotion With thc formation ofa Tri-Valley Tourism BID the Tri-Valley CVB could increase its resources to help bllild upon existing tourism promotional efforts. The projected annllaj assessment would provide the funds necessary to augment the Tri-Valley CVB's sales staff and marketing efforts, both designed to increase business opportunities for Tri- Valley lodging businesses. 4. Opportunity to continue public/private partnership The formation ofa Tri-Vallcy Tourism BID would allow the Tri-Valley CVB to continue its successful public/private partnership between its dlles-paying membcrs, assessed lodging bllsinesses, and funding cities. This new funding model would provide many bcncfits to thc Tri-Valley CVB and its partners, whiJe addressing spccific needs of its funding cities, making it a win-win proposal for al1. Tri-Valley Tourism BID Management District Plan Page 2 /õbóO III. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT? Tourism BlIsiness Improvement Districts (BIDs) lIhlize the efficiencies ofprivatc sector operation in the market-based promotion oftourism districts. Tourism BIDs allow hotel and tourism-related business owners to organize their efforts to increase tourism. Tourism-related business owners within the district fund a BID and those fllnds are used to provide services that the businesses desire and that benefit the lodging businesses within the District. Tourism BID services may include, but are not limited to: J;> Marketing of the Area J;> Tourism Promotion Activities J;> Special Events and Programs In California, Tourism BIDs are fonned pursuant to the Property and Business hnprovemcnt District Law of 1994 (PBID Law) or the Parking and Business hnprovement District Law of 1989 (BID Law). The Tri-Valley lodging bllsinesses have chosen to use the PBID Law in order to have a tenn of five years. These laws allow for thc cTCation of a special benefit assessment district to raise funds within a specific geographic area. The key difference between BIDs aml other special benefit assessment districts is that fimds raised are returned to the private non- vrofit corvoration governing the district. There are many benefits to Tourism BIDs: J;> Funds cannot be divcrted for other government progranIs; J;> Tourism BIDs arc customizcd to fit the needs of each tourism district; J;> They allow for a wide range of services, including those listed above; J;> Tourism BIDs are designed, created and governed by those who will pay the assessment; J;> Requires petition support from lodging bllsinesses paying over 50% ofthc annual proposed assessments (1994 PBID Law) J;> They provide a stable funding source for tourism promotion. The Property and Busincss hnprovcment District Law of 1994 (AB 3754) as amended January I, 2005 is provided in Appendix I ofthis docllment. Tri-Valley Tourism BID Managemeut Distrid Plan Page 3 ß 0b ~o IV. HISTORY OF THE TRI-V ALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT A. Tri-Valley CVB The Pleasanton Convention & Visitors Bureau was originally created as the rcsult of a consultant's study in 1986, jointly fllnded by the City of Plea santon and Pleasanton's Chamber of Commerce. Initially, the cVB operatcd under the umbrella of the Chamber but in 1993 it split off entirely from the Chamber as an independent, non-profit agency. In 1996, the City of Livennore was added and the organization became the Tri-Valley Convention & Visitors Bureau. Later that year the City of Dublin joined the CVB, and in 1999, thc City of San Ramon joined to fonn the four-city bureall as it exists today. B. Lodging Property Outreach Meetings Beginning Marcb 2005, the Tn-Valley CVB has invited and welcomed all lodging bu.sinesses within the boundarics of thc proposed Tourism BID to meet to discuss the fonnation of a Tri-Valley Tourism BID. To date, the Tri-Valley CVB has met with 30 of the 37 lodging businesses. These meetings were attended by a variety of persomIel, from General Managers and Directors of Salcs, to management company and owner representatives. In cach casc, the purpose was two-fold: to allow the Tri-Valley CVB to share its ideas and infonnation about the possibility of bringing a Tourism BID to thc Tri- Valley, and to provide each lodging business a chancc to ask questions, give feedback, and provide input regarding bcncfits it would like to see specific to its lodging bllsiness. Overall, the opinions expressed at meetings indicated the support level of the lodging businesses for the Tollrism BID as very high. In fact, 92% of thosc at the meetings indicated they were "Supportivc" or "Lcaning towards Supportive". Given these encOllTaging numbers, the Tri- Valley CVB has taken steps to formalize a Managemcnt District Plan and hopes to gain enough voting strcngth to allow the proposed District to fonn by the end of calendar year 2005. Trl-VaIley Tourism BID Management District Plan Page 4 q 6b ~o v. TOURISM BID BOUNDARIES The Tri-Valley Tourism BID will include all lodging businesses, cxisting or in the future, with 35 or more rooms within the boundaries of the cities of Pleasanton, Livennore, Dublin, and San Ramon. The boundaries clIITently include approximately 37 lodging businesses. Please see the map on the following page. A larger map is available on request by calling (925) 846-8910. Any new lodging businesses with 35 or more rooms that open during the term of the District shall also be assessed. Tri-Valley Tourism BID Mauagement District Plan Pagc 5 y-1_ - ....,-...... ~---- "''--- '" " "'-. ." ',\" ~f ,*~(!(J~;;mrll ~$'~::'~~~~ '\ ,. , '--- "\..~. '\ ""~ -,\. 10 Db ~o .. Nortl1 NottoSr:>i19 . HOTELS, UNDER CON$TRUCl"!o1Ij RAILROAD -···.MRI Unlll'F'l'IIlIWII\I /,.. J ") ~. ---~'Y~-~--' ' ) ) tI~""¡¡.j""I"" .......-,.......-,......... lIM~n IIyllojlirvl ,~ ...."'~HI"¡N(,"-. r // _.~--L..\ \ () ( . ~., ..'0. 1/" \.t40'~""" .....)F ~1 I. ~_tIH..!ltlt"''"j~'')II AIllllñ5.i\on~"'1 O. C<>nII'øI'l:I.. '. C'O'II~¡,.,.-..Dtt, .....--. o. ~..~I.,.-..Imu., ~~!_1'41 ~ Ç',toIll'~""M4Iff'iMt. ......... ,. 'CfVWM....øHtll!:¡¡1 ~ bH....I_(¡"iHlhll '"_ I:I.tI,"'. SUIr A_Ic~ ...... 1o.E:.rt.1dood Ju." "-<MIL i.......... L y ..-~ '1.~.~st"l)lA..rIo:.. u.....t_MI 2D.lmrnolll:..d.n.....3.1bo......... D_""Jd.II'¡'¡''''jillI]'~l¡ ....- "".'"-.-..... M.n.tt 'I.Ext4'IfIoÕ!Id,r..)'Ð4I11I(ot, Þ1äioo~1<MiI B.fa.r'ÞvI.t> 1IiI1~ :SII.-..", 21,.......tII'~ 2:2.,*,,",I~ }l.""",ØIIoIII¡o""""ooy~_. /;oIIIW' t"¡:.Iioonpt...I.. 2~Mø",I. J:I.~;¡.tf4!.JI_._~ U.linotlou..S.lhlLU..L U~)'Iti"hllrM;. ;¡':¡"S~IIIIII lð.idta.GioIdo.... .z5.........~hl,.LI¡" 'W.S...--fIoIkt5ililM.It6IMI n"M~"f'M_~."'_IIw¡~" ;II.... -.do._ !I;~.YIo.o.....MøwI ,."tto.w.y'IR&'l'I'If~Hr>I.1 :l7,"~~I...I1irMl""''', -- 50&. ...1 w....... v_,..t "'. 1'i.ttøicliq¡"lIbpoV»H..I..I.:I.Itv~ 2~at.,¡Ikr_tllllb:;'IIIM~. '- ..... i-,.~_~IIMiI4IIIoI Trl-Valley Tourism BID Management District Plan Pagc 6 )\ co ~o VI. SERVICE PLAN AND BUDGET A. History of Establishing the Service Plan Prior to the establishment ofthe proposed BID, the Tri- Valley Convention & Visitors Bureau produced a detailed annllal Program Budget approved by its Finance Committee, Board of Directors and four funding cities' (Pleasanton, Livennore, Dublin and San Ramon) City Managers and Economic Development Directors prior to its budget request submission for consideration by the City Councils. These Program Budgets offer a comparison to last fiscal year's budget, note any changes, and provide detailed breakouts of category and subcatcgory expenses. The most recent Program Budget (for FY 2005-2006) includes the following three programs: · Membership and Evcnts · Sales and Marketing · Program Administrative Support In dcvcloping a service p1an for thc proposcd Tri- Valley Tourism BID, the infonnation gathered from the lodging businesses outreach meetings was incorporated to better serve the nccds of its constituents. Specifically, the proposed service plan includcs greater emphasis on Sales and Marketing, as well as an additional focus on Communications and Public Relations. B. Assessment Tourism BID annual assessment rates are based upon $1.00 per occllpied room per night for cach participating lodging business. Lodging business stays of more than 30 consecutivc days will be exempt from the TOllrism BID assessment. Governmcnt cmployees on government business wiJ] also be exempt from the assessment. Bonds will not be issued. C. Determination of Special Benefit Statc law provides that the cxpcnscs ofthc district shall be apportioned in proportion to the benefit received by assessed businesses. A special benefit is defined as a particular and distinct benefit over and above general benefits confeITed on the public at large. Conversely, a general benefit is a benefit to businesses in the SllITOllnding community or a benefit to the public in gcncral resulting from the improvement, activity, or scrvice to be provided by the assessment levied. Many general benefits to the public at large are conveyed by municipal services sllch as fire protection, policc services, and public transit services. These services are targeted to serve the public at large and do not confer special benefits on particular businesses. The services in this Management District Plan are designed to provide targcted services to lodging businesses. These services are tailorcd not to serve the general public, but rather to serve the specific lodging businesses within the District, e.g., the proposed tourism promotion program is Tri-Valley Tourism BID Management District Plan Page 7 12. ~ --:'0 specifically targeted to increase tourism within the boundaries of the District and is narrowly tailored to benefit the lodging businesses assessed. The services paid for from assessment revenue are lodging business services creating special benefit to those bllsinesses. In addition, these services are not for the benefit of the general public and do not provide general bencfit as dcfined above. AU general benefits (if any) to the sllrrounding community and gencral public are intangible and unquantifiable. It is appropriate that these special business-related benefits be funded through business assessments. D. Time and Manner for Collecting Assessments The Tri~VaUey Tourism BID assessment will be implemented beginning January 1, 2006 and will continue for five years. (Note that expenditures will trail implementation of the District by approximately 6 months to aUow for coUection.) Each city will be responsible for coUecting the assessments (including any delinquencies, penalties and interest) from each lodging business located in that city's boundaries. Assessments shaU bc coUected at least quarterly and each city shaU take all reasonable cfforts to coUect the assessments from each lodging business (e.g., foUow up phone caUs, correspondence, smaU claims or other court action). Each city shaU qllarlerly transmit the assessments collected to the City of Pleasant on. The City of Pleasant on shall forward the assessments to thc Tri-Valley Convention & Visitors Bureau which will have the responsibility to manage the Tourism BID programs as provided in the Management District Plan. J'. Service Plan Budget and Programs to be Provided: Fiscal Year 2006 - 2007 Service Plan Budget Summary Thc summary of thc fiscal year 2006-2007 (year one) service plan budget for thc Tri-Valley Tourism BID is provided on the following pages. In years two through five, the budget categories may be reallocated by no more than 10%. Thc total improvement and service plan budget for 2006-2007 is projected at approximately $1,000,000. Lodging busincsses will contribute the entire amount through annual asscssments. Expenditures will be made in the following program arcas: · Sales and Marketing The budget for the Salcs and Marketing program is $460,000 which represents 46% of thc total District budget. · Communications and Public Relations Tbe budget for the Communications and Public Relations program IS $250,000 which rcprescnts 25% of the total District budget. · Administration/Operations Tri-Vallcy Tourism BID Mauagement District Plan Page 8 \~ Db "30 The budget for Administration/Operations including office rent, possible relocation costs, insurance, utilities, and supplies is $220,000 which represents 22% of the total District budget. Tri-Valley Tourism BID Mauagcmeut District Plan Page 9 IY DO ~o . Administrative Fee to the City of Pleasant on The City of Plcasanton will charge an administrative fee to collect assessments from each of the four cities and to distribute the fimds to the Tri-Valley CVB. The budget for this administrative fee is $10,000 which represents 1 % of the total District budget. This fee may be reduced in following years. If costs are reduced the remaining funds will be put back into the District. . BID Collection Fee to the Cities of Pleasanton, Livermore, Dublin and San Ramon The Cities of Pleasant on, Livermore, Dublin and San Ramon will charge a BID collcction fec to collect assessments from lodging businesses located within each of their cities. The combined budget for this BID collection fee is $10,000 which represents 1 % of thc total District budget. Each city's portion of this BID collection fee will be prorated based on the percentage of hotel rooms in each city. This fee may be reduced in fo11owing years. If costs are redllced the remaining funds will be put back into the District. Annual Service Plan A service plan blldget has been developed in conjllnction with lodging busincsses to deliver scrvicc levels throughout thc District. An annual service plan and budget will be developed and approved by the TBID Board. Please see the budget exhibit on the following page. The budget also ineludes a portion for contingencics and rcnewal of the District (5 %). Should the Tri- Valley TBlD Board approve, funds may be appropriated for the renewal effort. If there are funds remaining at the end of the District term and lodging businesses choose to renew, these remaining funds could be transferred to the renewed District. If there are funds renlaining at the end ofthe District and lodging businesses choose not to rcnew, any remaining funds will be spent consistent with this Plan. Tri-Valley Tourism BIO Management ~istrict Plan Page 10 \ ~ Db-::O Tri- Valley Tourism BID Annual Budget, Year One Total Tourism District Bud Trl-Valley Tourism ßID Managemeut District Plan Page 11 ILP Öb 30 VII. TOURISM BID GOVERNANCE A. Tri-Valley Tonrism BID Corporation Governance The Tri-Valley Convention & Visitors Bureau Board of Directors will act as the Board of Directors of the TBID. At least half of the voting members of the Board shall represent lodging businesses. The Executive Director ofthc Tri-Valley convcntion & Visitors Bureau will be charged with the day-to-day operations ofthe Tourism BID. Tri-Vallcy Tourism BID Management District Plan Page 12 II Db ~û APPENDIX 1 - THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 STREETS AND HIGHWAYS CODE SECTION 36600 et seq. As Amended January 1,2005 DECLARA nONS 36600. This part shall be known and may be cited as the "Property and Business Improvement District Law of 1994." 36601. The Legislature finds and declares all of the following: (a) Businesses located and operating within the busincss districts of this state's communities arc cconomically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in tbe public interest to promote the economic revitalization and physical maintcnance of the business districts of its cities in order to create jobs, attract new businesses, and prevent the erosion of the bllsiness districts. (c) It is of particular local bencfit to allow citics to fund business related improvements, maintcnancc, and activities through the levy of assessments lIpon the businesses or real property that benefits from those improvements. (d) Assessments levied for the purpose of providing improvements and promoting activitics that benefit real property or businesses are not taxes for the general bencfit of a city, but are assessments for the improvements and activitics which confer special benefits upon the real propcrty or businesses for which the improvements and activitics are provided. 36602. The purpose of this part is to supplement previously enacted provisions oflaw that authorize cities to levy assessments within a business improvement area. This part does not affect or limit any other provisions oflaw authorizing or providing for the fllrnishing of improvements or activities or the raising of revenue for these purposes. 36603. Nothing in this part is intended to preempt thc authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800». Tri-Valley Tonrism BID Management District Plan Page 13 ¡ ß ùb 30 36603.5. Any provision in this part that conflicts with any other provision oflaw shall prevail over the other provision of law. 36604. This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. DEFINITIONS 36606. "Assessment" means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the properties or businesses located within a property and business improvement district. 36607. "Business" means all types of businesses and includes financial institutions and professions. 36608. "City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the pllblic member agencies of which includes only cities, counties, or a city and county. 36609. "City council" means the city council of a city or the board of supervisors of a county, or thc agcncy, commission, or board cTCatcd pursuant to ajoint powers agrccment and which is a city within thc mcaning of this part. 36610. "Improvement" means the acquisition, construction, installation, or maintenance of any tangiblc property with an estimatcd use fill life of five ycars or morc including, but not limited to, the following: (a) Parking facilities. (b) Bcnchcs, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and Pllblic restrooms. (d) Lighting and heating facilities. (e) Decorations. (f) Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. U) Facilities or equipment, or both, to enhance security of persons and property within the area. (k) Ramps, sidewalks, plazas, and pedestrian malls. (I) Rehabilitation or removal of existing structures. 3661 I. "Property and business improvement district," or "district," means a property and business improvcmcnt district cstablishcd pursuant to this part. Tri-Vallcy Tourism BID Management District Plan Page 14 IC\ 5b 30 36612. "Property" means real property situated witbin a district. 36613. "Activities" means, but is not limited to, aH ofthe following: (a) Promotion of public events which benefit businesscs or real property in the district. (b) Furnishing of music in any public place within the district. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those nonnally provided by the municipality. (f) Activities which benefit businesses and real property locatcd in the district. 36614. "Management district plan" or "plan" means a proposal as defmed in Section 36622. 36614.5. "Owners' association" means a private nonprofit entity that is under contract with a city to administer or implement activities and improvements specified in the management district plan. An owners' association may be an existing nonprofit entity or a ncwly fonned nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board mcmbers or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall compLOy with the Ralph M. Brown Act (Chapter 9 commencing with Section 54950) of Part 1 of Division 2 of Title 5 ofthe Government Code), at all times when matters within the subject matter of the district are heard, discusscd, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Titlc 1 of the Government Code), for aH documents relating to activities of the district. 36615. "Propcrtyowner" or "owner" means any person shown as the owner of land on the last equalized asscssmcnt roll or othcrwise known to be the owner of land by the city cOllncil. The city council has no obligation to obtain othcr information as to the owncrship of land, and its detennination of ownership shaH be final and conclusive for the purposes of this part. Wherever this subdivision rcquires the signature of the propcrty owncr, thc signature of the authorized agent ofthe property owner shall be sllfficient. 36616. "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, othcr than an owner. PRIOR LAW 36617. This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any othcr provisions oflaw authorizing or providing for the fllrnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business hnprovemcnt Arca Law of 1989 {Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. Tri- Valley Tourism BID Management District Plan Pagc 15 20 ðb 30 ESTABLISHMENT 36620. A property and business improvement district may be established as provided in this chapter. 36620.5. A county may not fonn a district within the territorial jurisdiction of a city without the consent of the city council ofthat city. A city may not fonn a district within tbe unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not fonn a district within the territorial jurisdiction of another city without the consent of the city council of the other city. 36621. (a) Upon the submission of a written petition, signed by the property or business owners in the proposcd district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiatc proceedings to fonn a district by the adoption of a resolution expressing its intention to fonn a district. The amount of assessmcnt attributable to property or a business owned by the same property or bllsiness owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shaU not be included in detennining whether the petition is signed by property or business owners who wiU pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary ofthc management district plan. That summary shaU include aU of the foUowing: (I) A map showing the boundaries of the district. (2) Infonnation specifying where the complete management district plan can be obtained. (3) Infonnation specifying that the complete management district plan shall be furnisbed upon reqllest. (c) The resolution of intention described in subdivision (a) shaU contain aU ofthe following: (1) A bricf description of thc proposed activities and improvements, the amount of the proposed assessment, a statement as to whethcr the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions and statements do not need to be detailed and shall be sufficicnt if they enable an owner to generall y identify the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) A time and place for a Pllblic hearing on the establislmIent of the property and busincss improvcmcnt district and the levy of assessrnents, which shaU be consistent with the requirements of Section 36623. 36622. Thc management district plan shaU contain all ofthe following: Trl-Valley Tourism BID Management District Plan Page 16 2\ crt 30 (a) A map of the district in sufficient detail to locate each parcel of property and, if businesses are to bc assessed, each business within the district. (b) The name ofthe proposed district. (c) A description of the boundaries of the district, including the boundaries of any benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected lands and businesses included. Under no circumstances shall the boundaries of a proposed district overlap with the boundaries of another existing district created pursuant to this part. Nothing in this part prohibits the boundaries of a district created pursuant to this part to oyerlap with other assessment districts established pursuant to other provisions oflaw including, but not limited to, the Parking and Business Improvement Area Law of 1989. (d) The improvements and activities proposed for eacb year of operation of the district and the maximum cost thereof. (e) The total annual amount proposed to be expended for improvements, maintenance and operations, and debt service in each year of operation of the district. (f) Thc proposed source or sources of financing including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessmcnt to be levied against his or her property or business. The plan shall also state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific numbcr of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall bave a teml not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy asscssments until the maximum maturity ofthe bonds. The management district plan may set forth specific incrcascs in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. û) Any proposcd rulcs and regulations to be applicable to the district. (k) A list of the properties or businesses to bc assessed, including the assessor's parcel nllillbers for any properties to be assessed, and a statcmcnt of the method or methods by which the expenses of a district will be imposed upon bencfitcd real property or businesscs, in proportion to the benefit received by the property or business, to deftay the cost thereof, including operation and maintenance. The plan may provide that all or any class or category of real property which is exempt by law from real property taxation may nevertheless be included within thc boundaries ofthe district but shall not bc subject to assessment on real property. (I) Any other item or matter required to be incorporated therein by the city council. 36623. If a city council proposes to levy an assessment that is consistcnt with the assessment proposed in the petition of property owners or businesses submitted pursuant to Section 36621 and with the management district plan submitted pursuant to Section 36622, the city shall provide notice ofthe public hearing set pursuant to paragraph (2) of subdivision (c) ofScction 36621 to the property or bllsiness owners as required by Tri-Vallcy Tourism BID Management District Plan Page 17 "2:2- Db ?O Article XIIID ofthe California Constitution. The petition shall serve as the equivalent of a protest ballot procedure for purposcs of Article XIII D. If a city council proposes to levy a new or increased assessment, or an asscssment that is materially different from the assessment proposed in the petition and man.agement plan, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. Howcvcr, notwithstanding the provisions of Section 53753 of the Government Code, if the assessment will be levied on businesses, the required notice shall be provided to the businesscs that would be assessed, and only assessment ballots submitted by owners of those businesscs shall be tabulated in detennining whcther a majority protest exists. 36624. At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenucs from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the bOllndaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements or activities. Any modifications, revisions, reductions, or changcs to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. (a) If the city council, following the Pllblic hearing, decides to establish the proposed property and business improvement district, the city council shall adopt a resolution offonnation that shall contain all of the following: (1) A brief description of the proposed activities and improvements, the amollnt ofthe proposed assessment, a statcmcnt as to whether the assessment will be levied on property or businesses within thc district, a statement about whether bonds will be issued, and a description of the extcrior boundaries ofthe proposed district. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the natllTe and extent of the improvements and activities and the location and cxtent of the proposed district. (2) The number, date of adoption, and title ofthe resolution of intention. (3) The time and p1ace where the public hearing was held concerning the establishment of the district. (4) A detennination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statcmcnt that the properties or businesses in the district estabJished by the resollltion shall be subject to any amendments to this part. (6) A statement that thc improvements and activities to be provided in the district will be funded by the levy of the asscssments. The revenue ITom the levy of assessments within a district shall not be used to provide improvements or activities outside the district or for any purpose other than thc purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. (7) A finding that the property or businesses within the area ofthe property and business improvement district will be benefited by thc improvements and activities funded by the assessments proposed to be levied. Tri-Valley Tourism BID Management District Plan Page 18 -z.. 3 f5b ?;¡ 0 (b) The adoption of the resolution of fonnation and recordation of the notice and map pursuant to Scction 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. 36626. If the city council, following the public hearing, desires to establish the proposed property and business improvcment district, and the city council has not made changes pursuant to Section 36624, or has made changes that do not substantially change the proposed assessment, tbe city council shall adopt a resolution establishing the district. The resolution shall contain all of the infonnation specified in paragraphs (1) to (8), inclllsive, of subdivision (b) of Section 36625, but need not contain infonnation about the preliminary resolution if none has been adopted. 36627. Following adoption of the resolution establishing the district pursuant to Section 36625 or 36626, the clerk ofthe city shall record a noticc and an assessment diagram pursuant to Section 3114. If the assessment is levied on businesses, the text of the recorded notice shall be modified to reflect that the assessment will be levied on businesses, or specified categories of businesses, within the area of the district. No other provision of Division 4.5 (commencing with Section 3 I 00) applies to an assessment district created pursuant to this part. 36628. The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within thc bcnefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from thc improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on cach category of business within each zone. 36628.5. The city council may levy assessments on businesses or on property owncrs, or a combination of the two, pursuant to this part. Thc city council shall structure the assessments in whatevcr manner it determines corresponds with the distribution of benefits from the proposed improvcments and activities. 36629. All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the cstablishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zonc or category of business, follow the procedure to establish, modify, or disestablish a parking and business improvcment area. 36630. If a property and business improvement district cxpires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and a new district establishcd pursuant to this part. Tri-ValIcy Tourism BID Management District Plan Page 19 ASSESSMENTS "21..\ Ci"b ~O 36631. The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in tbe resolution establishing the management district plan described in Section 36622. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. AU delinqllent payments for assessments levied pursuant to this part shall be charged intcrcst and penalties, 36632. (a) The assessments levied on real property pursuant to this part shall be levied on tbe basis of the estimated benefit to the real property within tbe property and business improvement district. The city council may classify parcels for purposes of detennining the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimatcd benefit to the businesses within thc property and bllsiness improvement district. The city council may classify businesses for purposes of detennining the benefit to the bllsinesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not bc subject to any assessment pursuant to this part. 36633. The validity of an assessment levied under this part sbaU not be contested in any action or procecding unless the action or proceeding is commenced within 30 days after the resollltion levying the asscssment is adopted pursuant to Section 36626. Any appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. The city council may execute baseline servicc contracts that would establish levels of city services that would continue after a property and busincss improvement district has bcen fanned. 36635. The owners' association may, at any time, request that the city council modify the managemcnt district plan, Any modification ofthc management district plan shall be made pursuant to this chaptcr. 36636. (a) Upon the written reqllest of the owners' association, the city council may modify the managemcnt district plan after conducting one public hcaring on the proposed modifications. The city counci1 may modify the improvements and activitics to be fundcd with the revenlle derived from thc levy of the assessments by adopting a resolution dctcnnining to make the modifications after holding a public hearing on the proposed modifications. Notice of the public hearing and the proposed modifications shall be Pllblished as provided in Scction 36623. Ifthe modification includes thc levy Tri-Vallcy Tourism BID Management District Plan Page 20 -z5Db"?:>O of a new or increased assessment, the city council shall comply with Section 53753 of the Government Code. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The pllblic hearing shall be held not more than 90 days after the adoption of the resolution of intention. 36637. Any subsequent modification of the resollltion shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3 100), in a manner consistent with the provisions of Section 36627. FINANCING 36640. (a) The city council may, by resolution, detennine and declarc that bonds shall be issued to finance the estimated cost of somc or all of the proposed improvements dcscribed in thc resolution offonnation adopted pursuant to Section 36625, if the resolution of fonnation adopted pursuant to tbat section provides for the issuance of bonds, lInder the Improvement Bond Act ofl915 (Division 10 commencing with Section 8500» or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Titlc I of the Government Code). Either act, as the case may be, shall govem the proceedings relating to the issuance of bonds, although proceedings undcr the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pllrsllant to this part. (b) The resollltion adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvemcnts, specify the number of annual installments and the fiscal years during which they are to be collectcd. Thc amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursllant to this section shall not be reduced or tenninated if doing so would intcrfere with the timely retirement of the dcbt. GOVERNANCE 36650. (a) The owners' association shall cause to be prcpared a report for each fiscal year, except the first ycar, for which assessments are to be levied and collccted to pay the costs of the improvements and activities dcscribed in the report. The owners' association's first report shall be due after thc first year of operation of the district. The rcport may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zoncs within the district, the basis and method oflevying the asscssments, and any changes in the classification of property, including any categories of business, if a classification is used. Trl-Vallcy Tourism BID Management District Plan Page 21 2Lo. Db ~ 0 (b) Thc report shaH be filed with thc clerk and shall refer to the property and bllsiness improvement district by name, specity the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain al1 ofthe following infonnation: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements and the activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow cach real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. (5) The amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The amount of any contriblltions to be made from sources other than assessments levied pllrsuant to this part. ( c) The city council may approve the report as filed by the owners' association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derivcd [rom the levy of assessments, including any commitment to pay principal and interest on any bonds issued on bchalf of the district. 36651. The management district plan may, but is not required to, state that an owners' association will provide the improvemcnts or activities described in the management district plan. lfthc management district plan designates an owners' association, the city shal1 contract with the dcsignated nonprofit corporation to provide services. RENEWAL 36660. (a) Any district previously established whose tenn has expired, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derivcd from the levy of assessments, or any revenlles derived from the sale of assets acquired with the revenlles, shall be transfcITed to the renewed district. If the renewed district includes additional parcels or businesses not includcd in the prior district, the remaining revenues shall be spent to bencfit only the parcels or businesscs in the prior district. If the rencwed district does not inc1ude parcels or bllsinesses included in the prior district, the remaining revenlles attributable to these parcels shall be refundcd to the owners of these parcels or businesses. (c) Upon renewal, a district shall havc a tenn not to exceed 10 years, or, if the district is authorizcd to issue bonds, until the maximum maturity of those bonds. Thcre is no requirement that thc boundaries, assessments, improvements, or activities of a rencwed district be the same as thc original or prior district. Tri-Valley Tourism BID Managemeut District Plan Page 22 2l Ö1) ~O DISESTABLISHMENT 36670. (a) Any district established or extended pursuant to the provisions of this part, where there is no indcbtedness, olltstanding and unpaid, incurred to accomplish any ofthe purposes of the district, may be disestablished by resollltion by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation oflaw in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may reqllest disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 3D-day period. Upon the written petition of the owners of real property or of businesses in the area who pay 50 percent or more of the assessments levied, the city cOllncil shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishmcnt. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing requircd by this section. The resolution sball state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and busincss improvement district. The notice of the hearing on disestablishment required by this section shall bc given by mail to the property owner of each parcel or to the owner of each bllsiness subject to assessment in the district, as appropriate. The city shall conduct the Pllblic hearing not lcss tban 30 days after mailing the notice to the property or business owners. The public hcaring shall be held not more than 60 days after the adoption of the resollltion of intention. 36671. (a) Upon the disestablishment of a district, any remaining revenues, after all outstanding debts are paid, derived from the Icvy of assessments, or derivcd from the sale of assets acquired with the rcvenues, or from bond reSCTVe or construction funds, shall be refunded to the owners ofthc property or businesses then located and operating within the district in which assessments wcre levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished. All outstanding assessment revenuc collected after disestablishment shall bc spent on improvements and activities specified in the management district plan. (b) Ifthe disestablishment occurs before an assessment is levied for the fiscal year, thc mcthod and basis that was uscd to calculate the assessments levied in the immediate prior fiscal year shall be lIsed to calculate the amollllt of any refund. Tri-Valley Tonrism BID Management District Plan Page 23 ~l.ß ~~O APPENDIX 2 - LODGING BUSINESSES TO BE ASSESSED WITHIN THE TRI~V ALLEY TOURISM BID: I,od!!!n!! Business Name AmeriHost Inn & SlIites AmeriSuites Hotel Best Western Vineyard Inn Comfort Inn Courtyard by Marriott Courtyard by Marri.ott Courtyard by Marriott Crowne Plaza Hotel Doublctree Club Hotel Extended Stay America Extended Stay America Extended Stay America Extended Stay Deluxe Four Points Hotel Sheraton Hampton Inn Hawthorn Suitcs, Ltd. Hilton Garden Inn Hilton Pleasanton at the Club Holiday Inn Express Hotel Holiday Inn Express Hotel & Suites Homcstcad Stlldio Suites Hotel Larkspur Landing Motel 6 Motel 6 Quality Inn & Suites Radisson Hotel Dublin Ramada Inn Residence Inn by Marriott Residence Inn by Marriott Residence Inn by Marriott San Ramon Marriott San Ramon Valley Conference Centcr Sierra Suitcs Hotel Springtown Inn Summerfield Suites Hotel The Rose Hotel Wyndham Gardcn Hotel Lod!!in!! Business Address 7700 Southfiont Road, Livennore, CA 94550 4950 Hacienda Dr., Dublin, CA 94568 7600 Southfront Rd., Livennore, CA 94551 2625 Constitution Dr., Livennore, CA 94551 5059 Hopyard Rd., Pleasanton, CA 94588 2929 Constitution Dr., Livennore, CA 94551 18090 San Ramon Valley Blvd., San Ramon, CA 94583 11950 Dublin Cyn. Rd., Pleasanton, CA 94588 720 Las Flores Rd., Livennore, CA 94551 4500 Dublin Blvd., Dublin, CA 94568 2100 Camino Ramon, San Ramon, CA 94583 2380 Nissen Dr., Livermore, CA 94551 4555 Chabot Drive, Pleasanton, CA 94588 5115 Hopyard Rd., Picas anton, CA 94588 2850 constillltion Dr., Livermore, cA94551 1700 N. Uvennore Ave., Livennore, cA 94551 2801 Constitution Dr., Livennore, CA 94551 7050 Johnson Dr., Pleasanton, CA 94588 3000 Constitution Dr., Livermore, CA 94551 6275 Dublin Blvd., Dublin, CA 94568 18000 San Ramon Valley Blvd., San Ramon, CA 94583 5535 Johnson Drive, Pleasanton, CA 94588 5102 Hopyard Rd., Pleasanton, CA 94588 4673 Lassen Road, Livermore, CA 94550 5959 Preston Avenue, Livennorc, cA 9455 I 6680 Rcgional Street, Dublin, CA 94568 5375 Owens Court, Pleasanton, CA 94588 11920 Dublin Cyn. Rd., Pleasanton, cA 94588 1071 Market Place, San Ramon, CA 94583 1000 Airway Blvd, Livennore, CA 94551 2600 Bishop Drive, San Ramon, CA 94583 3301 Crow Canyon Rd., San Ramon, CA 94583 2323 San Ramon Valley Blvd., San Ramon, CA 94583 933 Bluebell Drive, Livennore, CA 94550 4545 Chabot Dr., Pleasanton, CA 94588 807 Main Street, Pleasanton, CA 94566 5990 Stoneridge Mall Rd., Pleasanton, cA 94588 Tri-Valley Tourism BID Management District l'lan Page 24 7..0. ~30 PETITION TO THE CITY OF PLEASANTON TO CREATE A TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE CITIES OF PLEASANTON, LIVERMORE, DUBLIN, AND SAN RAMON IN THE TRI- V ALLEY AREA We pctition you to initiate special assessment proceedings to create a Tourism Business Improvement District in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of undertaking and implementing the Tourism BID as dcscribed in the attached summary of the Management District Plan attached hereto as Exhibit A. Lodl!inl! Establishmcnt Busincss Owner Owner Representativc/Owner Name (printed) Owner/Reprcsentative Signature Date TVTmD Pt=tition FINAL 7r28~05 30 6tJ ~o RESOLUTION NO. 05- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN, STATE OF CALIFORNIA, GRANTING CONSENT TO THE CITY OF PLEASANTON TO FORM THE TRI-V ALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) WHEREAS, the City of Pleasant on is begimIing the process to establish a Tri- Valley Tourism Business InIprovement District (TVTBlD) pursuant to the Property and Business InIprovement District Law of 1994 Section 36600 et seq. to promote tourism and the lodging businesses in the Tri-Valley area; and WHEREAS, the City Council ofthe City of Pleasant on has requested consent to fonn the TVTBID in the cities of Pleasant on, Livennore, Dublin, and San Ramon with adoption of City Council Resolution No. ,dated _,2005; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Dublin, that: Section I: The above recitals are true and correct. Section 2: The City Council consents to the City of Pleasant on fonning the Tri- VaHey TOllrism Business Improvement District, which District shall include tbe City of Dublin. Section 3: The Clerk of the City Council is hereby directed to transmit a certified copy of this Resolution, to the Clerk of the City of Pleasanton City Council. Section 4: This Resolution is cffectivc upon its adoption. PASSED AND ADOPTED at a regillar meeting of the City Council ofthe City of Dublin, State of California, held on this _ day of , 2005 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor (SEAL) ATTEST: Clerk of the City Council Draft Reso]ution Granting Consent 5·12·05 apPl'Oved by CA 8312005.doc Attachment 4