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Home My WebLink About7.1 TriValleyTourismBusinessImprovDist CITY CLERK File # 470-50 AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 3,2006 SUBJECT: Authorizing the Collection of Assessments to Support the Tri-Valley Tourism Business Improvement District (TVTBID) Report Prepared by: Christopher L. Foss Economic Development Director A TT ACHMENTS: 1. List of Lodging Properties in Tri- Valley TBID 2. September 20, 2005 Minutes / Staff Report / Resolution 186- 05 Granting Consent to the City of Pleasanton to form the Tri- Valley Tourism Business Improvement District (TVTBID) 3. Proposed Resolution RECOMMENDA TIO~: Adopt the proposed resolution authorizing the collection of assessments to support the Tri- Valley Tourism Business 'i Improvement District (TVTBID). FINANCIAL STATEMENT: If the TVTBID is approved, the City will save the TVCVB expenses for fiscal year 2006-07. DESCRIPTION: Since 2004, the Tri- Valley Convention and Visitor's Bureau (TVCVB) has been working towards the establishment of the Tri-Valley Tourism Business Improvement District (TVTBID) for the purpose of expanding tourism in the Tri-Valley cities, which includes Dublin, Livermore, Pleasanton, and San Ramon. The TVTBID, which is authorized by the Property and Business Improvement District Law of 1994 (Streets & Highways Code ~36600 et seq.), would include all lodging facilities in the Tri-Valley with 35 or more rooms, and would assess a fee of $1.00 per occupied room night for five years. The new revenue source is intended to replace the funding that is now provided by the four cities, which represents approximately 85% of the TVCVB' s annual operating budget. The district will include all lodging businesses with 35 rooms or more located within the city limits of the cities of Dublin, Livermore, Pleasanton, and San Ramon. At the present time, the boundaries include 37 lodging businesses (see Attachment I-list of lodging properties). Any new lodging properties that meet the criteria and are built after the formation of the TVTBID will automatically be included in the TVTBID. The assessment will be $1.00 per occupied room night for each participating lodging business. Extended stays, of more than 30 consecutive calendar days as defined by section 3.16.020 of Chapter 3.16 of the Dublin Municipal Code, will be exempt from the Tri-Valley Tourism BID assessment. All persons and ------------------------------------------------------------------------------------------------------------- COPIES TO: Wcc-formslagdastmt.doc ! '1J 2- ITEM NO. 2L \J parties that are exempt from paying the Transient Occupancy Tax per section 3.16.040 of the Dublin Municipal Code will also be exempt from the TVTBID assessment. The assessment shall be paid to the Tax Administrator as defined in 3.16.020 of the Dublin Municipal Code. On September 6, 2005, the City of Pleasanton adopted a resolution requesting that the cities of Dublin, Livermore, Pleasanton, and San Ramon consent to the City of Pleasanton serving as the lead agency in the formation of the TVTBID. On September 20, 2005, the Dublin City Council approved a resolution authorizing the City of Pleasanton to serve as the lead agency in the formation of the TVTBID (see Attachment 2). On December 6, 2005, the City of Pleasanton conducted a public hearing to consider formation of the TVTBID and to hear any protest. There was no majority protest during the hearing and the Pleasanton City Council introduced Ordinance 1929 to form the TVTBID. The Tri-Valley Tourism BID assessment will be implemented on February 1,2006 and will be in place for five (5) years, with disbursement of funds to begin July 1, 2006. Each participating city is responsible for collecting the assessment from lodging businesses within its corporate limits. In Dublin, the assessment will be collected from each lodging business on a monthly basis (along with the City's Transient Occupancy Tax collection). The City of Pleasanton will collect the cumulative assessments from the cities of Dublin, Livermore, and San Ramon and will forward the funds to the TVCVB, who will manage the Tourism BID programs pursuant to the authorization of the District Management Plan. Since the City of Dublin will be responsible for the collection of the assessments on a monthly basis, from the lodging businesses, the City Council is being asked to adopt the proposed resolution (see Attachment 3) authorizing the collection of assessments to support the TVTBID. RECOMMENDATION: It is Staff's recommendation that the City Council adopt the proposed resolution authorizing the collection of assessments to support the Tri-Valley Tourism Business Improvement District (TVTBID). G:\Chris\Tri-Valley Tourism BID\Staff Rpt authoriziug TVTBID assessment (3) OI032006.DOC 2Z2- 2 '(,1 41 *" /"-. LDdging Establishments in Tri-Valley T81D RDoms Property City 234 Radisson Hotel DUblin 128 AmeriSultes Hotel Dublin 122 Extended Stay America Dublin 91 Holiday Inn Express Dublin. 575 125 Ooubletree Club Hotel Livermore 125 SpringtGwo Inn Livermore 122 Extended Stay America Livermore 121 Courtyard by Marriott Livermore 102 Motel 6 Livermore 97 HUlon Garden Inn Livermore 96 Resk1ence 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 pteasanton 242 Crowne Plaza Hotel Pleasanton 214 Four Points Hotel Sheraton Pleasanlon 171 Wyndham Garden Hotel PleBsanton 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 Plea santon 76 Motel 6 Plea santon 38 The Rose Hotel Plea santon 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 Sen Ramon 1,147 4,742 Total Rooms in TBID I - "3 -00 7.' Attachment 1 CITY CLERK "," . 2fj.41 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 20,2005 SUBJECT: Granting Consent to the City of Pleasant on to fonn Tri-Valley Tourism Business Improvement District (TVTBID) Report Prepared by; Christopher L. Foss Economic Development Director ATT ACHMEN'I'S: 1. 2. 3. 4. District Boundaries (Hotel Map) List of Lodging Properties in Tri- Valley TBID Management District Plan Proposed Resolution RECOMMENDATJO~ Adopt the proposed Resolution granting consent to the City of Pleasanton to form the Tri- Valley Tourism Improvement District (TVTBID). FINANCIAL STATEMENT: If the TVTBID is approved, the City wHl eliminate the TVCVB expenses for Fiscal Year 2006-07. DESCRiPTION: In 2004, the TriNalley Convention and Visitor's Bureau (TVCVB) initiated the idea of' forming a Tri-Valley Tourism Business Improvement District (TVTBID) for the purpose of expanding tourism in the Tri-Valley cities, whieh includes Dublin. Livermore, Pleasanton, and San Ramon. The intent of crea6ng the TVTBID stemmed from the TVCVB's desire to create a revenue source that specifically promotes and supports tourism efforts that generate overnight stays. The Tri- Valley Convention and Visitors Bureau supports the formation of a Tourism BID for the Tri-Valley for the following reasons: Ci1YBud2ets are Decreasing: At the present time, the cities of Dublin, Livermore, Pleasanton and San Ramon contribute nearly 85% of the TVCVB's annual budget of $580,000. Due to the increase pressure on City budgets, the TVCVB fclt it was appropriate to look forward alternative revenue sources to support the group's efforts. Need to be more self-sufficient in tourism 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 prop05ed Tourism BID would provide a large, somewhat stable revenue base from which to create programs promoting tourism, etc. Need to improve existing tourism Dromotion: As stable revenue source from the Tourism BID would provide the resources necessary to expand on existing promotional programs and also augment sales staff and marketing efforts. _________________--------------------ilIII------------------ COPIES TO: - Hlcc-forlo3lagdastmt,doc: Attachment 2 :?- i"j ,;.~ J 'PURPDSE OF FORMING A TvrBID: The TVCVB, and the maJonty 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 continue 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 Business Improvement Districts are formed pursuant to the Property and Business Improvement District Law of 1994 (PBID) or the Parking and Business Improvement District Law of 1989 (BID Law). The Property and Business Improvement District Law of 1994 is a state 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 assessments. In order for the TVCVB and Tri-Valley lodging businesses to form the TVTBID, they must first receive approval from the local city in which they do business to assess this fee. Additionally, the local jurisdiction (City of Dublin) is responsible for the 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 the Tourism BID proposal, they wanted to make sure there was consensus among the hotel members to create this assessment. Since March of 2005, the TVCVB Executive Director (Amy Blaschka) has been meeting with representatives of all affected lodging businesses to discuss the proposal and to elicit any feedback. On July 28, 2005, the TVCVB hosted a luncheon for all affected lodging businesses to review the final plan and the process for forming the TVTBID. To date, there is significant support from the lodging businesses to form the TVTBID (at approximately 54% as of September 1, 2005). At the 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 of 575 rooms). The formation of the TBID is based on the submittal of petitions from lodging businesses representing more than 50% of the total annual assessment. In other words, owners/operators of lodging businesses representing 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 forming the 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 forming the BID. Once the cities of Dublin, Livermore and San Ramon have granted consent to the City of Pleasanton, the City of Pleasanton would be responsible for all noticing and meeting requirements for the formation of the BID. The timeline is outlined below: September 6,2005: City of Pleasanton adopts a resolution requesting the cities of Dublin, Livermore and San Ramon to grant the City of Pleasanton authorization to form the TVTBID. Mid September 2005: Dublin, Livermore and San Ramon City Councils adopt resolutions granting the City of Pleasanton authorization to form the TVTBID. October 4.2005: Pleasanton City Council adopts Resolution of Intent to form the TVTBID. 2 October 5, 2005: City of Pleasanton mails notice of public hearing. 4P-f .1 J " December 6, 2005: Pleasanton City Council holds Public Hearing - adopts ordinance to form the TVTBID unless there is a majority protest (50% +1) January 1. 2006: TVTBID Assessment implemented. Julv 1. 2006: Tri-Valley Convention and Visitors Bureau (TVCVB) begins use of assessment funds 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 the cities of Dublin, Livermore, Pleasanton, and San Ramon. At the present time, the boundaries include 37 lodging businesses (see Attachment 1 - map and Attachment 2 - list of lodging properties). Any new lodging properties that meet the criteria and are built after the formation of the TVTBID will automatically be included in the TVTBID. ASSESSMENT The assessment will be $1.00 per occupied room night for each participating lodging business. Extended stays will be exempt from the Tri-Valley Tourism BID assessment pursuant to Section 3.20.020 (G) of the Uniform Transient Occupancy Tax Ordinance of the City of Dublin. Extended stays are defined as stays of more than 30 consecutive calendar days. All persons and parties that are exempt from paying the T.O.T. under the Dublin Municipal Code will also be exempt from the TVTBID assessment. The Tri-Valley Tourism BID assessment will be implemented on January 1,2006 and will be in place for five (5) years, with dispersment of funds to begin July 1, 2006. The assessment will be collected from each lodging business on a monthly basis (along with the City's Transient Occupancy Tax collection). The City of Pleasanton will collect the assessments from the cities of Dublin, Livermore, and San Ramon and will forward the funds to the TVCVB, who will manage the Tourism BID programs pursuant to the authorization of the District Management Plan. It is estimated 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 annual assessments. By comparison, the City of Dublin contributes $56,555 of the TVCVB's FY 2005-06 budget of $ 603,391, or 9.37%. TRI- VALLEY 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 56-'/41 'ANALYSIS: The creation of the Tri-Valley Tourism BID would allow the Tri-Valley CVB to continue its successful public/private partnership 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-Valley CVB ($56,555 for Fiscal Year 2005-06) to other civic functions/activities. There may be expenses incurred in the collection of these funds from the City's hotels, and the City will collect an administrative fee each year for the collection of the funds. Based upon the TVTBID's proposed budget for FY 2006-07, the four cities would split $10,000 in administrative fees per year, based on each city's percentage of room nights (the City of Dublin has approximately 12% of the rooms and would collect approximately $1,200 per year). RECOMMENDATION: Adopt the proposed resolution granting consent to the City of Pleasanton to form the Tri- Valley Tourism Business Improvement District (TVTBID). G:\Chris\Tri-Valley Tourism BID\TVTBID staff report approved by CA 08312005.DOC 4 ..' " I .' / //1 tV[ o.J-. I 4-1 Tri~Vallcv Tourism BID Boundaries '" '-~ \ A Nanh _10_ . ttOTELS ---. \JNIliR C<lNtlRUCT,eN j~I""'; RAl~ -'avrr~ ~_...--- .,..~..--.. IllliQthl_. v -- ..........~......5...H 'l.~""""'.It.~__ ,,~,~"'.....I I'P........._.. _........ ..-.. ""'- a-~....... ..2..........J......~ n........ ....... -..s- ___-....bII ...- ...-... li......IotMJItDtlII........ &,.,.,IIJ ..... -,......" "'..- ...... 4. ~II;-....... ,... w...,...11MI ,n.MMtI.. -- !I::I.....~_....I Ii.~,.,."..,..~ IS. -.-.......bha.. IN. ....~...,... ,..- l.'l..~'" "~~"""M<<. ''''....111.......'.. 2:S........ ..... u.WI. ... ..- w.~"""lIhM ,. (ttfIIIlIIW""_ttKJIl 17."_.~....tM QIlIb ...-... u.n.. ... l18l1I. .. ...........,. 01111..... ...~~..~u~ %7........... a.,lIIIIIrriIt-. -... Jol,.a.I ____ va.pnI Mt ~- ...........,.., ,,--.... I~.........._III:"....,...""....,."'. a.~IM""~.. ..... ...-... J7.Wlf)'JIdlMlGMiM ....... 1G.txt......s...,~ ......-. TvmlD Pelition FINAL 7-28-05 ," Lodging Establishments in Tri-Valley T81D r '/41 c-~ Rooms PropertY City 234 Radisson Holel 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 Hamplon Inn Livermore 62 Hawthome 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 P1easanton 242 Crowne Plaza Hotel Plea:santon 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 Slay Deluxe Pleasanton 102 Ramada 'nn Pleasanton 76 Motel 6 Plea santon 38 The Rose Hotel Plea santon 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 " . I " " ~ TRI- VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Submitted to the T,i- Valley Convention &: Visitors Bureau July 28, 2005 By Downtown Resources qH-41 TRI-V ALLEY TOURISM BID MANAGEMENT DISTRICT PLAN TABLE OF CONTENTS 1. INTRODUCTION AND OVERVIEW.......................................................................,........... 1 II. WIlY A TOURISM BID FOR THE TRI-VALLEY?..........................................................2 ill. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT? ............................3 N. HISTORY OF THE TRI-V ALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT .... ..... ...... ....... ...... .......... ....... ........... ..... ....... .... ............ .... ....... ................ ................ ...... 4 V. TOURISM BID BOUNDARIES ..............................................-.....-................................... ...... 5 VI. SERVICE PLAN AND BOOGET ........................................................................................... 7 VII. TOURISM BID GOVERNANCE.......................................................................................... 12 APPENDIX 1 - THE PROPERTY AND BUSINESS IMPROVEMENT DlSTRTCT LAW OF 1994 __... _ _._.. __._ _....__.. _. .._m_ __m__ __ ....... ................ ......... ............. ............ ....... ......... ......... ..... ......... .... 13 APPENDIX 2 - LODGING BUSINESSES TO BE ASSESSED WITHIN THE TRI. V ALLBY TOtJRISM BID:.. .......................................................... ......... ,............................... ....................24 Trl-Valley Tourism BID Management District PlaB Page i /od/-4/ 1. INTRODUCTION AND OVERVIEW Developed by a coalition of lodging business owncrs in conjunction with the Tri-Valley Convention & Visitors Bureau (TVCVB), the Tri-ValleyTourism 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 Ramon. The TBID will establish various programs to increase the tourism activity in the Tri-Valley. This approach has been used successfully in other tourism and commercial areas throughout the country to increase occupancies. increase sales, promote tourism destinations and increase commercial activity. Location: The approximate boundaries: The proposed TBID includes all lodging businesses with 35 rooms or more located within the city limits of the cities of Pleasanton, Livermore, Dublin, and San Ramon. Services: Marketing and promotions to increase tourism and market the Tri-Valley area as a tourist. meeting, and event destination. Budget: The total TBlD budget for year one of its five (5) year operation is a basc of approximate] y $1,000,000. Cost: Annual Msessment 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 the assessment. Government employees on government business are also excmpt from the assessment. Formation: TBID formation requires submittal of petitions from lodging businesses representing more than 50% of the total annual assessment followed by a City Council hearing and an opportunity tor a writtcn protest. ....he assessed lodging business owners will receive notice of the public hearing by mail. If there is a majority written protest, the TRID will not be formed. Duration: The proposed District TBill will have a five year life. The TBID assessment will be implemented beginning January 1, 2006 and will be in effect for five years. {Note that expenditures will trail implementation 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 'IBID to be renewed. Tri-Valley Tourism BID Management District Plan Page 1 / / H- 41 II. WHY A TOURISM BID FOR THE TRI-V ALLEY,? 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 uninterrupted funding from the cities of Pleasanton. Livermore, Dublin.and San Ramon for a nwnber of years. However. with increased demands for money on local cities from the state and other groups. available resources are dwindling. Additionally, the Tri- Valley CVB's fnnding has always been supplied from each city's General Fund (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 eVB the same level of funding, the cities have asked the CVB Board ofnirectors to seek an alternative funding source. 2. The need to be more self sufficient in tourism p"Qmqtioll For reasons stated above, 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. Fanning a Tri- Valley Tourism BID would provide the TIi-Valley CVB a larger, more stable budget base and allow the organization to redirect time previously spent on preparing budgets for the cities, to marketing and promotional activities. This will in turn help create greater occupancy, and therefore, increase potential assessment dollars. 3. Need to improl'e QlId build upon existing tourism promotion With the formation of a rri- Valley Tourism BID the Tri- VaHey CVB could increase its resources to help build upon existing tourism promotional efforts. The projected annual assessment would provide the funds necessary to augment the Tn-Valley CVB's sales staff and marketing efforts, both designed to increase business opportunities for Tri- Valley lodging businesses. 4. Opportunity to continue pu.blic/private partnership The formation 0 f a Tri- Valley Tourism BID would allow the Tri- Valley CVB to continue its successful public/private partnership between its dues-paying members, assessed lodging businesses, and funding cities. This new funding model would provide many benefits to the Tei- Valley CVB and its partners, while addressing specific needs of its funding cities, making it a win-win proposal for all. Tri-Valley Tourism BID Management District Plan Page 2 / 02 d(-- Lf I III. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT? Tou.rism Business Improvement Districts (BIDs) utilize the efficiencies of private sector operation in the market-based promotion of tourism 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 funds 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: )> Marketing of the Area :> Tourism Promotion Activities :> Special Events and Programs In California, Tourism BIDs are fanned pursuant to the Property and Business Improvement District Law of 1994 (PBIO Law) or the Parking and Business Improvement District Law of 1989 (BID Law). The Tri-Valley lodging businesses have chosen to use the PBill Law in order to have a tenn of .five years. These laws allow for the creation of a special benefit assessment district to raise funds within a specific geographic area. The key difference between BIDs and other special benefit assessment districts is that fimds raised are returned to the private nOn- profit corDoration governing the district. There are many benefits to Tourism BIDs: )> Funds cannot be diverted for other government programs; )> Tourism BIDs arc customized to fit the needs of each tourism district; :> They allow fOT a wide range of services, including those listed above; )> Tourism BIDs arc designed, t:l'eated and governed by those who will pay the assessment; )- Requires petition support from lodging businesses paying over 50% of the annual proposed assessments (1994 PBID Law) )- They provide a stable funding source for tourism promotion. The Property and Business Improvement District Law of 1994 (AB 3754) as amended January 1, 2005 is provided in Appendix 1 ofthis document. Tri-Valley Tourism BID Management District PlaD Page 3 /3Uf-4/ IV. mSTORY OF THE TRI-V ALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT A. Tri- Valley CVB The Pleasanton Convention & Visitors Bureau was originally created as the result of a consultant's study in 1986, jointly funded by the City ofPleasanton and Pleasanton's Chamber of Commerce. Initially, the CVB operated under the wnbrella of the Chamber but in 1993 it split off entirely from the Chamber as an independent, non-profit agency. In 1996, the City of Livermore 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, the City of San Ramon joined to form the four-city bureau as it exists today. B. Lodging Property Outreach Meetings Begimring March 2005, the Tn-Valley CVB has invited and welcomed all lodging businesses within the boundaries of the proposed Tourism BID to meet to discuss the formation of a Tri-ValIey Tourism BID. To date, the TriNalley CVB has met with 30 of the 37 lodging businesses. These meetings were attended by a variety of personnel, from General Managers and Directors of Sales, to management company and owner representatives. In each case, the purpose was two-fold: to allow the Tn-Valley CVB to share its ideas and infonnation about the possibility of bringing a Tourism BID to the Tri- Valley, and to provide each lodging business a chance to ask questions, give feedback, and provide input regarding benefits it would like to see specific to its lodging business. Overall, the opinions expressed at meetings indicated the support level of the lodging businesses for the Tourism BID as very high. In fact, 92% of those at the meetings indicated they were "Supportive" or .'Leaning towards Supportive". Given these encouraging nwnbers, the Tri- Valley CVB has taken steps to formalize a Management District Plan and hopes to gain enough voting strength to allow the proposed District to fonn by the end of calendar year 2005. Trl-ValIey tourism BID Management District Plan Page 4 /4t1f4J v. TOURISM BID BOUNDARIES The Tri-Valley Tourism BID will include all lodging businesses, existing or in the future. with 35 or more rooms within the boundaries of the cities of Pleasanton, Livennore~ Dublin~ and San Ramon. The boundaries currently 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 Management District Plan Page 5 /50-1-4/ '\. "- "-.. "'\., g N",tI1 1i00lVSOoiAt OHOTEl.$ -",,- \JNl1iR CCN3lRUCliOOl ...._RAILAOilIb -~I Un...Fm..... lDIWW__lMla.- ,..-.........-....,.....- ....--.... \ I '\ \ ~ ~..,"'..... to' "' ~.. ';I I ...~~ '..~I.....--.. .- '1,1!Nt..o.d ll:A)'iD4JInIt. - ..~.....,.........l4lI ..... ....-......sa.Ia :S.bI ...... Zl'p~Idn.iIIIM.1IIIifriIIDt .......... J. "lIMtllu~'t I.. .:J1IMi41 n.__ "".s-........ ........ 1.~I.. 22.-'1. ll...._......._ -... 4.~lt7.......~, __a 't.f_~.... a....... t.a........~...... )I. ~ ..,.......... _.. .. __~_IML ....- 7. tHwM..... ttKtt 1t...........s.k...u..a. tA......" ... .. ".1rItt "'_IN ,........ .c--. ... u....... ,.ul..... M.,.......... ........... l:r."IftM.........._~_.~iQIII.. ~-- ss.,..... ..., ~ DwMI'twe.. tNrat 'J..""'I4I)t.. ....ff. ""I" :u."'....~I..,.,....~ - s.L............~... .. ........ 5IIIr -"---.. - ,,..,,tk.....,. ~ ....._ lite" ,.:hkn a..~r.._.~ ... _. f.1.~~....., t..IMt.IdI4I............. ...- Tri-VaUey Tourism BID Management District Plan Page 6 VI. SERVICE PLAN AND BUDGET /0 tJf- 41 A. History of Establishing the Service Plan Prior to the establishment of the proposed BID, the Tri-Valley Convention & Visitors BUTeau produced a detailed annual 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 su1x:ategory expenses. The most recent Program Budget (for FY 2005-2006) includes the following three programs: . Membership and Events . Sales and Marketing . Program Administrative Support In developing a service plan for the proposed Tri. Valley Tourism BID, the information gathered from the lodging businesses outreach meetings was incolporated to better serve the needs of its constituents. Specifically, the proposed service plan includes 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 occupied room per night for each participating lodging business. Lodging business stays of more than 30 consecutive days will be exempt from the Tourism BID assessment. Government employees on government business will also be exempt from the assessment. Bonds will not be issued. C. Determination of Special Benefit State law provides that the expenses of the 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 conferred on the public at large. Conversely, a generdl benefit is a benefit to businesses in the surrounding community or a benefit to the public in general resulting from the improvement, .activity, or service to be provided by the assessment levied. Many general benefits to the public at large are conveyed by municipal services such as fire protection, police services, and public transit services. These Serv1ces 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 targeted services to lodging businesses. These services are tailored 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-VaUey Tourism BID Management District Plan Page 7 ~l /11 specifically targeted to increase tourism within the bowu:laries 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 businesses. In addition, these services are not for the benefit of the general public and do not provide general benefit as defined above. AU general benefits (if any) to the surrounding community and general 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 TriNalley Tourism BID assessment will be implemented beginning January ]. 2006 and will continue for five years. (Note that expenditures will trail implementation of the District by approximately 6 months to allow for collection.) Each city will be responsible for collecting the assessments (including any delinquencies, penalties and interest) from each lodging business located in that city's boundaries. Assessments shall be collected at least quarterly and each city shall take all reasonable efforts to collect the assessments from each lodging business (e.g., follow up phone calls, correspondence, small claims or other court action). Each city shall quarterly transmit the assessments collected to the City of Pleasanton. The City of Pleasanton shall forward the assessments to the Tri-Valley Convention & Visitors Bureau wbich will have the responsibility to manage the Tourism BID programs as provided in the Management District Plan. ~. Service Plan Budget BJ;ld Programs to be Provided: Fiscal Year 2006 - 2007 Service Pllln Budget Summary Thc summary of the fiscal year 2006-2007 (year one) service plan budget for the Tn-Valley Tourism BID is provided on the following pages. In years two through five, the budget categories may be realloca.ted by no more than 10%. The total improvement and service plan budget for 2006-2007 is projected at approximately $1,000,000. Lodging businesses will contribute the entire amount through annual assessments. Expenditures will be made In the following program areas: . Sales and Marketing The budget ror the Sales and Marketing program is $460,000 which represents 46% of the total District budget. . Communications and Public Relations The budget for the Communications and Public Relations program is $250,000 which represents 25% of the total District budget. . Administration/Operations Tri-Valley Tourism BID Management District Plan Page 8 r-7 'I) hi c I~" 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 Ma.nagement District Plan Page 9 /9 #/41 . Administrative Fee to the City of Pleas an ton The City of Plcasallton will charge an administrative fee to collect assessments from each of the four cities and to distribute the funds to the Tri-Valley CVB. The budget fOf this administrative fee is $10,000 which represents 1 % of the total District budget. This fee may be reduced in following years. If cos1s are reduced the remaining funds win be put back into the District. . BID Collection Fee to the Cities of Pleasanton, Linrmore, Dublin and Ssn Ramon The Cities of Pleasanton, Livermore, Dublin and San Ramon will charge aBill collection fee 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 the total District budget. Each city's portion of this BID collection fee will be prorated based on the percentage of hotel roOIDS in each city. This fee may be reduced in following years. Ifeosts are reduced the remaining funds will be put back into the District. Annual Service Plan A service plan budget has been developed in conjunction with lodging businesses to deliver service levels throughout the District. An annual service plan and budget will be developed and approved by the TBill Board. Please see the budget exhibit Ort the following page. The budget also includes a portion for contingencies and renewal 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. Ifthere are funds -remaining at the end ofthe District and lodging businesses choose not to renew, any remaining funds will be spent consistent with this Plan. Tri-Yalley Tourism BID Management District Plan Page 10 Tri- Valley Tourism BID Annual Budge~ Year One ;20 tJf- 4 ) Total Tourism District Bud et Tn-Valley Tourism BID Management District Plan Page t 1 ;2/ #--41 VII. TOURISM BID GOVERNANCE A. Tri-Valley Tourism BID Corporation ~vernaDce The Tri. Valley Convention & Visitors Bureau Board of Directors will act as the Board of Directors of ilie TBID. At least half of the voting members of the Board shall represent lodging businesses. The Executive Director of the Tri-Valley Convention & Visitors Bureau will be charged with the day-to-day operations ofthe Tourism BID. Tri- Valley Tourism BID Management District Plan Pa~e 12 ~ ;:J tJ/-- 41 APPENDIX 1 - THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 STREETS AND HIGHWAYS CODE SECTION 36600 et seq. As Amended January 1. 2005 DECLARATIONS 36600. This part shall be known and may be cited as the "Property and Business Improvement District Law of1994." 36601. The Legislature finds and declares all of the following: (a) Bu:linesses located and operating within the business districts of this state's communities arc economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of the business districts of its cities in order to create jobs, attract new businesses. and prevent the erosion of the business districts. (c) Jt is of particular local benefit to allow cities to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that benefits from those improvements. (d) Assessments levied for the purpose of providing improvements and promoting activities that benefit real property or businesses are not taxes for the general benefit of a city, but are assessments for the improvements and activities which confer special benefits upon the real property or businesses for which the improvements and activities 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 aff~t (IX" limit any other provisions oflaw authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. Nothing in this part is intended to preempt the authority ofa charter city to adopt ordinances providing for a different method oflevying 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 Aet of 1931 (Division 4 (corrunencing with Section 2800)). Tn-Valley Tourism BID Managemcnt District Plan Page 13 36603.5. Any provision in this part that conflicts with any other provision of law shall prevail over the other provision of law. d3~AJ 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. DEFlNJTIONS 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 public 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 t':Ounty, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36610. "Improvement" means the acquisition, construction, installation. or maintenance_of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and pu.blic restrooms. (d) Lighting and heating facilities. (e) Decorations. (f) Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. (j) 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. 36611. "Property afld business improvement district," or "district," means a property and business improvement district established pursuant to this part. Tri~Vlllley Tourism BID Management District Plan Page 14 36612. "Property" means real property situated within a district. c14 1/4/ 36613. "Activities" means, but is not limited to, all ofthe following: (a) Promotion of public events which benefit businesses 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 normally provided by the municipality. (f) Activities which benefit businesses and real property located in the district. 36614. "Management district plan" or "plan" means a proposal as defined 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 th.e management district plan. An owners' association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners' association is a private entity and may not be considered a public entity for any purpose, nor may its board members or statTbe considered to be public officials for any purpose. Notwithstanding this section, an owners' association shall compJ.Oy with the Ralph M. Brown Act (Chapter 9 commencing with Section 54950) ot'Part 1 of Division 2 of Title 5 ofthe Government Code), at all times when matters within the subject matter ofthe district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all dOCUOlents relating to activities of the district. 36615. "Property owner" or "owner" means any person shown as the owner ofland on the last equalized assessment roll or otherwise known to be the owner of land by the city council. The city council has no obligation to obtain other information as to the ownership of land, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this subdivision requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. 36616. "Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. PRIOR LAW 36617. Tlus part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions oflaw authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with SecHon 36500) of this division) is valid and effective and is unaffected by this part. Tri- Valley Tourism BID Management District Plan Page 15 c25ij-4J ESTABLISHMENT 36620. A property and business improvement district may be established as provided in this chapter. 36620.5. A eounty 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 form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not fonn a distri ct within the territorial jurisdiction of another city wiiliout 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 proposed district who will pay more than 50 percent of the assessments propQsed to be levied, the city council may initiate proceedings to fonn a district by the adoption ofa resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will 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 of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) Infonnation specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all ofthe following: (1) A brief description of the proposed activities and improvements, the amount of the proposed. assessment, a statement as to whether the assessment win 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 sufficient if they enable an owner to generally identlfy the nature and extent of the improvements and activities and the location and extent of the proposed district. (2) A time and place fOT a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623. 36622. The management district plan shall contain all of the following: Trl-Vnlley Tourism BID Management District Plan Page 16 (a) A map of the district in sufficient detail to locate each parcel of property and, if c:2h ~ 4 J businesses are to be assessed, each business within the district. (b) The name of the 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 overlap 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 each 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. (1) The 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 amoWlt of the assessment 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 number 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 have a tenn not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments fOT each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) A list of the properties or businesses to be assessed, including the assessor's parcel numbers for any properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited. real property or businesses, in proportion to the benefit rece~v~ by the property or business, to defiay 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 the boundaries of the district but shall not be 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 consistent 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 prov1de notice of the public hearing set pursuant to paragraph (2) of subdivision (c) ofScction 36621 to the property Or business owners as required. by Tri-Vallcy Tonrism BID Management District Piau Page 17 Article XIIID ofthe California Constitution. The petition shall serve as the equivalent of a protest ballot procedure for purposes of Article Xli D. If a city council proposes to levy a new or increased assessment, or an assessment that is materially different from the assessment proposed in the petition and managem.ent plan, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. However, notwithstanding the provisions ofSec:tion 53753 of the Government Code, if the assessment will be levied on businesses, the required notice shall be provided to the businesses that would be assessed, and only assessment ballots submitted by owners of those businesses shall be tabulated in determining whether a majority protest exists. :2"7 tJf 41 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 revenues 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 boundaries 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 changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 3662$. (a) If the city council, following the public hearing, decides to establish the proposed property and business improvement district. the city council shall adopt a resolution offonnatlon that shall contain aU of the following: (1) A brief description of the proposed activities and improvements, the amoant of the proposed assessment. a statement as to whether the assessment will be levied on property or businesses within the district, a statement about whether bonds will he issued, and a description ofthe exterior 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 nature and extent of the improvements and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title ofthe resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statement that the properties or businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements and activities to be provided in the district will be fl.lnded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements or activities outside the district or fot any purpose other than the purposes specified in the resolution of intention. as modifi.ed by the city council at the hearing concerning establishment of the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements and acti\'lties funded by the assessments proposed to be levied. Tri-Valley Tourism BID Management District Plan Page 18 (b) The adoption of the resolution of formation and recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each ofthe fiscal years referred to in the management district plan. ;Zg 1f-4/ 36626. If the city council, following the public hearing, desires to establish the proposed property and business improvement district, and the city cOWlcil has not made changes pursuant to Section 36624, or has made changes that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the district. The resolution shall contain all of the infonnation specified in paragraphs (1) to (8), inclusive, of subdivision (b) of Section 36625, but need not contain information 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 oftbe city shall record a notice and an assessment diagram pursuant to Section 3114. 1f the assessment is levied on businesses, the text of the recorded notice shall he modified to reflect that the assessment will be levied on businesses, or specified categories of businesses, within the area of the district. No other provis.ion of Division 4.5 (commencing with Section 3100) 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 benefit 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 the improvements Or activities to be provided within the district and may impose a different assessment or rate of assessment on each category ofbusiness~ or on each category of business within each zone. 36628.5. The city council may levy assessments on businesses or on property owners, or a combination ofthe two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements and activities. 36629. All provisions of this -part applicable tQ the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, fo.llow the procedure to establish, modify, or disestahlish a parking and business improvement area. 36630. If a property and business improvement district expires 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 established pursuant to this part. Tri-Vallcy Tourism BID Management Distrld Plan Page 19 ASSESSMENTS c-2tJ Jj- 4/ 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 the 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. All delinquent payments for assessments levied pursuant to this part shall be charged interest and penalties. 36632. (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council Iilay classifY parcels for purposes of determining 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 estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the bene lit to the businesses of the improvements and activities provided pursuant to this part. (c) Properties zoned solely for residential use, or that are zoned for agncultuml use, are conclusively presumed not to benefit from the improvements and service funded through tbese assessments, and shall not be subject to any assessment pu.-suant to this part. 36633. The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. Any appeal from a fmal judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been fanned_ 36635. The owners' association may, at any time, request that the city council mOdifY the management district plan. Any modification of thc management district plan shall be made pursuant to this chapter. 36636. (a) Upon the written request of the owners' association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. Notiee of the public hearing and the proposed modifications shall be published as provided in Scction 36623. If the modification includes the levy Tri-Valley Tourism BID Management District Plan Page 20 ofa 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 public hearing shall be held not more than 90 days after the adoption of the resolution of intention. 30 iJAJ 36637. Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. FINANCING 36640. (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all oftlle proposed improvements described in the resolution offonnation adopted pursuant to Section 36625, ifthe resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of1915 (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 ofTitIc I of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements Specified in the resolution offonnalion adopted pursuant to Section 36625, set forth the estimated cost ofthose improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not excood the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provlsion of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. GOVERNANCE 36650. (a) The owners' association 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 improvements and activities described in the report. The owners' association's first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries oithe property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. Tri. VaDey Tourism BID Management District Plan Page 21 (b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specifY the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the 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 each real property or business owner, as appropriate, to estimate the amcunt of the assessment to be levied against his or her prcperty 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 contributions to be made from sources other than assessments levied pursuant to this part. (e) 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 derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf 0 f the district. 36651. The management district plan may, but is not required to, state that an owners' association will provide the improvements or activities described in the management district plan. lfthc management district plan designates an owners' association, the eity shall contract with the designated nonprofit corporation to provide services. RENEWAL 36660. (a) Any district previously established whose term has expired, may be renewed by following the pTocedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transterred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shaH be refundcd to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There .is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original OT prior district. 3 ( 1{.-4 J Tri-Valley Tourism BID Management District Plan Page 22 3;( ~ 4 ) DISESTABLISHMENT 36670. (a) Any district established or extended pursuant to the provisions oftbis part, where there is no indcbtedness~ outstanding and unpaid. incurred to accomplish any ofthe purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) lithe 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-da.yperiod each year in which assessees may request disestablishment ofthe 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 ofthe district shall have such a 3D-day period. Upon the written petition ofthe owners of real property or of businesses in the area who pay SO percent or more of the assessments levied, the eity council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on dtisestablishrnnent. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the pu.blic hearing required by this section. The resolution shall state the reason for the disestablishment, sha1lstate the time and place of the public hearin& and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement dtistrict. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or buslness owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. (a) Upon the disestablishment of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property Or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the dlstrict is disestablished. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) [fthe disestablishment occurs before an assessment is levied for the fiscal year, the mcthod and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. Tri~ Valley Tourism BID Management Distrid Plan Page 23 33ij4 J APPENDIX 2 - LODGING BUSINESSES TO BE ASSESSED WITHIN THE TRI-V ALLEY TOURISM BID: LodldD2 Business Name AmeriHost Inn & Suites AmeriSuites Hotel Best Western Vineyard Inn Comfort Inn Courtyard by Marriott Courtyard by Marriott 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 Suites, Ltd. Hilton Garden Inn Hilton Pleasanton at the Club Holiday Inn Express Hotel Holiday Inn Express Hotel & Suites Homestead Studio Suites Hotel Larkspur Landing Motel 6 Motel 6 Quality hm & Suites Radisson Hotel Dublin Ramada Inn Residence Inn by Marriott Residence Inn by Marriott Residence 1nn by Marriott San Ramon Maniott San Ramon Valley Conference Center Sierra Suites Hotel Springtown Inn Summerfield Suites Hotel The Rose Hotel Wyndham Garden Hotel Lodl!inl! Bnsiness Address 7700 Southfront Road, Livermore, CA 94550 4950 Hacienda Dr., Dublin. CA 94568 7600 Southfront Rd,. Livermore, CA 94551 2625 Constitution Dr., Livermore, CA 94551 5059 Hopyard Rd.. Pleasanton, CA 94588 2929 Constitution Dr., Livermore, CA 94551 18090 San Ramon Valley Blvd., San Ramon, CA 94583 11950 Dublin Cyo. Rd.. Pleasanton, CA 94588 720 Las Flores Rd.. Livermore, 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., Plcasanton. CA 94588 2850 Constitution Dr., Livermore, CA94551 1700 N. Livermore Ave., Livermore, CA 94551 2801 Constitution Dr., Livermore. 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, Livennore, CA 94551 6680 Regional 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. Livermore, 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, Livermore, CA 94550 4545 Chabot Dr., Pleasanton, CA 94588 807 Main Street, Pleasanton, CA 94566 5990 Stoneridge Mall Rd., P1easanton, CA 94588 Tri- VaDey Tourism BID Management District Plan Page 24 3L/- I/-- 4 I PETITION TO THE CITY OF PLEASANTON TO CREATE A TOURISM BUSINESS IMPROVEMENT DISTRICT FOR THE CITIES OF PLEASANTON, LIVERMORE, DUBLlN~ AND SAN RAMON IN mE TRI-V ALLEY AREA We petition 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 described in the attachea summary of the Management District Plan attached hereto as Exhibit A. Lodlline Establishment Business Owner Owner Representative/Owner Name (printed) Owner/Representative Signature Date TVTI3lD PctiLi,m F)NI'\L 7.2S.{I5 35 6f 4/ RESOIJUTION NO. 05- RESOIJUTION OF mE CITY COUNCIL OF THE CITY OF DUBLIN, STATE OF CALIFORNIA, GRAN1'lNG CONSENT 1'0 THE CITY OF PLEASANl'ON TO FORM THE TRI-V ALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) WHEREAS, the City of Pleasant on is beginning the process to establish a Tri- Valley Tourism Business Improvement District (TVTBlD) pursuant to the Property and Business Improvement 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 of the City of Pleasant on has requested consent to form the TVTBID in the cities of Pleasant on, Livermore, 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 l: The above recitals are true and correct. Section 2: The City Council consents to the City of Pleasant on fonning the Tri- Valley Tourism Business Improvement District, which District shall include the 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 effective upon its adoption. PASSED AND ADOPTED at 8 regular meeting of the City Council of the 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 Resolution Granting Consent 5.12.05 approved by CA 83l2005.doc Attacbment 4 361/-/-1/ requesting the Council to review and discuss various features that reflect policy directions in the proposed first Time Homebuyer Loan Program, Mayor 10ckhart noted the complexity of the issues and recommended that the Council study the program in a workshop setting open to the public with the Plannittg Commission, so Council had a little more feedback from the residents, The Council concurred and provided Staff with direction as to what to include in the report, such as a grid of other model programs and some examples of how unit costs, income levels and lending rates would impact the limits. On motion of Mayor Lockhart, seconded by em. Oravetz and by unanimous vote, the Council directed Staff to arrange for a Joint City Council/Planning Commission workshop, City Manager Ambrose suggested attaching the joint meeting to .a regular Planning Commission meeting. The Council concurred and directed Staff to arrange the workshop in the Regional Meeting Room. . GRANI'ING CONSENT TO THE CI'IY OF PLEASANTON TO FORM nIE TRI-V ALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT 10: 11 p.m. 8,1 (470-50) Economic Development Director Christopher Foss presented the Staff Report and advised that, in order to streamline the process of forming a Tri-Valley Tourism Business Improvement District (TVTBID) for the four Tri-Valley cities, the City Council will consider granting Dublin's consent to the City of Plea.santon to form the Tri-Valley Tourism Business Improvement District. Once consent has been given by Dublin, Livermore and San Ramon, the City of Pleasanton would be responsible for all noticing and meeting requirements for the formation of the Business Improvement District. The creation of the TVTBID would also allow the City of Dublin to re-allocate the funds annually provided to the Tri-Valley Convention and Visitors Bureau to other civic functions and activities. CI1Y COUNCIL MINUTES VOLUME 14- REGULAR MEETING SEPTEMBER 20, :ZOOS PAGE 346 www.ci.dublin.ca.us 37 df- 4/ ern. Oravetz asked who would monitor the taxpayers dollars put into the proposed District. Mr. Foss advised that there would be no government funding; the money would come through an assessment on private businesses. John Lambeth, Downtown Resources, explained how the Improvement District would function, including oversight and annual review and reJX)rting mechanisms. Vm. Zika expressed concern about Dublin hotels not having enough votes to opt out or dissolve the District if it was not working out for them. He asked for a 5-year sunset provision to be included. Mr. Lambeth clarified that the District was already structured to automatically sunset at 5 years, and the only way to continue it would be to go through this process again to extend it from 0 - 10 years. At that time, Dublin could also decide to opt out. City Attorney Silver advised that, under State law, a collaboration like this must terminate in 5 years. In order to create a new one, the Council would have to take action. Cm. McCormick asked if any of the hotels had raised concerns. Amy Blaschka, Executive Director of the Tri-Valley Convention & Visitors Bureau, advised that no hotels have outright opposed the plan. Most of those that sne had talked to are leaning toward supporting the plan. Vm. Zika. stated that the Cities have the ultimate fiduciary responsibility for the $1 per night that the tourists would have to pay. City Manager Ambrose advised that the fiduciary responsibility would be on the hotels, as the District members. The Council discussed the pros and cons of the proposed plan. If a majority of hotels signed the petition, it would be mandatory for all to join, Ms. Blaschka advised that the opportunity would be there for the four Cities to remain members of the Tri-Valley Convention and Visitors Bureau and perhaps sit on the Board as voting members. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING SEPTEMBER 10, 2005 PAGR 347 \\. ww .ci.t1u bli n. C;I.II ~ 3<61/-4/ On motion of Mayor Lockhart, seconded by em. McCormick and by majority vote (em. Oravetz opposed), the Council the Council adopted RESOLUTION NO. 186 - 05 GRANTING CONSENT TO THE CITY OF PLEASANTON TO FORM THE TRI-VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVrBID) .. AMENDMENT TO RESOLUTION NO. 22-98 EXTENDING USE OF A t.l:PERMIT PARKING" AREA TO THE CUL-DE-SAC END OF SCARLETT COUR.T TO INCLUDE TAXI CABS FOR. THE RIDENOWYJUYf PRO,IgI 10:31 p.m. 8.2 (570-20) Public Works Director Melissa Morlon presented the Staff Report and advised that the City Council would consider allowing the Alameda County Congestion Management Agency (CMA) to use the cul-de-sac end of Scarlett Court as a taxi pick-up area as part of the Guaranteed Ride Home Program for participants of the CMA~sponsored RideNow Pilot Project. This project is intended to encoura.g:e use of BART for commute purposes by matching drivers and riders electronically to carpool to and from the East Dublin/ Pleasanton BART Station. The guaranteed taxi ride home service will insure tha.t KidcNow participants will be able to get home if they miss their rides by using free taxi cab service. Beth Walukas, Congestion Management Agency Consultant, outlined the proposed KJdcNowprogram. The goal was to reduce tra.ffic congestion and encourage ridership on BART. The Sca.l'lett Court cul~de-sac was the only possible location for taxi pick-up. If the cul-de-sac was utilized, a street light in the cul-de-sac was needed, and the CMA had agreed to help fund it. Ms. Morton advised that the Council would consider amendments to Resolution No. 22~ 98 to incorporate a parking area for taxi pick-up. The taxis would only come if someone needed a ride and was matched through the Program. Staff also recommended a new street light for safety purposes, estimated. at $5,000 - $7,500. If the program did not work out, the street light would still be a good addition for City Corp Yard illumination. CITY COUNCIL MINUTES VOLUME 24 REGULAR MEETING SEPTEMBER 20, 2005 PA(;E 348 w n.w.ci.duhlill.ca.tl5 Zqc}l-4/ RESOLUTION NO. _- 06 ********* RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN, STATE OF CALIFORNIA, AUTHORIZING THE COLLECTION OF ASSESSMENTS TO SUPPORT THE TRI- VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT (TVTBID) WHEREAS, Historically, the cities of Pleasanton, Livermore, Dublin and San Ramon have funded the Tri-Valley Convention & Visitors Bureau in order to promote tourism in the Tri-Valley area. Because of competing demands on the funds of the cities, there is a need to create a stable source of funding tied to tourism. With a stable source of funding, the Tri- Valley Convention & Visitors Bureau, or a similar non profit organization, will be able to better market and promote the area, thereby increasing business opportunities for Tri- Valley lodging businesses; and WHEREAS, The services to be provided to the lodging businesses are designed to provide target services to such businesses and are not tailored to serve the general public. These services include a tourism promotion program specifically targeted to increase tourism within the Cities of Pleasanton, Livermore, San Ramon and Dublin; and WHEREAS, On September 6, 2005 the City of Pleasanton adopted a resolution requesting the cities of Dublin, Livermore, and San Ramon consent to the City of Pleasanton forming a Tri- Valley Tourism Business Improvement District (TVTBID); and WHEREAS, On September 20,2005, in Resolution No. 186-05, the Dublin City Council consented to the City of Pleasanton forming a Tourist Business Improvement District that would include the corporate limits of the City of Dublin; and WHEREAS, On October 4, 2005, the Pleasanton City Council adopted Resolution 05-075, Resolution of Intenno Establish a Tri -Valley Tourism Business Improvement District (TVTBID) and to hold a public hearing on the formation of the proposed TVTBID pursuant to the Property and Business Improvement District Law of 1994 Section 36600 et seq., to promote tourism and the lodging businesses in the Tri-Valley area; WHEREAS, Lodging and business owners within the Tri-Valley Area developed a management district plan (Plan) and submitted signed petitions in support of the Plan from owners paying more than 50% of the proposed assessments; and WHEREAS, On December 6, 2005, the Pleasanton City Council conducted a public hearing to consider the formation of the Tri- Valley Tourism Business Improvement District and to hear any protests as to its formation; and WHEREAS, There was no majority protest during the public hearing, the Pleasanton City Council introduced Ordinance 1929 to form the TVTBID on December 6,2005; and WHEREAS, The Dublin City Council now adopts this resolution to authorize the collection of the TVTBID assessments within the City of Dublin. 791245.1 Attachment 3 401t.-41 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Dublin, that: Section 1: The above recitals are true and correct. Section 2: Established. There is established in the Cities of Pleasanton, Livermore, San Ramon and Dublin the TVTBID, under the provisions of the Parking and Business Improvement District Law of 1994, as set forth in the Streets and Highways Code of the State, sections 36600 et seq. Section 3: Boundaries. The boundaries of the TVTBID shall be the corporate limits of the City of Pleasanton, Livermore, San Ramon and Dublin, as such corporate limits are amended from time to time. Section 4: Amendment to State Law. The businesses and operation of the TVTBID shall be subject to any amendments to the Parking and Business Improvement District Law of 1994, as amended. Section 5: Purpose. The purposes for which the assessments are collected shall be used for the statutory purposes set forth in sections 36600 et seq. of the Streets and Highways Code of the State, or one or more of the purposes: A. Sales and marketing programs and activities designed to attract overnight groups. B. Communications and public relations activities and services to build greater awareness of Tri- Valley businesses and the Tri- Valley region as a tourism, meeting, and event destination. C. Administrative costs and operation. Section 6: Assessments. All lodging businesses with 35 or more rooms within the boundaries of the District shall be subject to an assessment based upon one dollar per occupied room per night. Section 7: Exemptions. Stays by persons who are otherwise exempt from paying a Transient Occupancy Tax under Chapter 3.16 of the Dublin Municipal Code shall be exempt from the assessment. Section 8: Collection of Assessments. The City of Dublin shall be responsible forcollecting the assessments from the lodging businesses subject to the assessment within the City of Dublin. The assessments shall be collected from each lodging business on a monthly basis together with collection of Dublin's Transient Occupancy Tax. Each lodging business owner subject to the assessment shall pay the assessment to the Tax Administrator as defined by Chapter 3.16 of the Dublin Municipal Code. The assessments collected shall be transmitted to the City of Pleasanton who shall administer the funds collected. Section 9: 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 10: This Resolution is effective upon its adoption. PASSED, APPROVED AND ADOPTED this 3rd day of January 2006, by the following vote: A YES: NOES: ABSENT: 791245.1 ""'-, . ABSTAIN: ATTEST: 41 df-4/ 791245.1 City Clerk Mayor