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HomeMy WebLinkAbout20-133WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways, Code §,366010 et. seq.) authorizes the County to renew business improvement districts upon petition by a weighted majority of the business owners located within the boundaries of the district; and WHEREAS, lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the BCTBID have petitioned the Board of Supervisors (Board) to renew the BCTBID; and WHEREAS, included with the petitions was a Management District Plan (Plan) summary that describes the proposed assessment to be levied on all lodging businesses with four (4) rooms or more within the BCTBID to pay for marketing and sales programs, destination product development, and visitor service enhancements, and other improvements and activities set forth in the Plan; and WHEREAS, the assessed lodging businesses within the BCTBID will receive a specific benefit from the activities and improvements set forth in the Plan; and WHEREAS, on August 11, 2020 at 9:30 AM at the Board Chambers located at 25 County Center Drive, Suite 205, Oroville, CA 95965, the Board adopted a Resolution of Intention, Resolution No. 20-0891; and WHEREAS, the public meeting and public hearing to consider the renewal of the BCTBID have been, properly noticed in accordance with Streets and Highways Code §36623; and WHEREAS, on September 15, 2020 at 9:30 AM at the Board Chambers located at 25 County Center Drive, Suite 205, Oroville, CA 95965, the Board held a public meeting regarding the renewal of the BCTBID, and the Board heard and received objections and protests, if any, to the renewal of the BCTBID and the levy of the proposed assessment; and WHEREAS, on September 29, 2020' at 9.30 AM at the Board Chambers located at the Board Chambers located at 25 County Center Drive, Suite 205, Oroville, CA 95965, the Board held a public hearing regarding the renewal, of the BCTBID, and the Board heard and received all objections and protests, if any, to the renewal of the BCTBID and the levy of the proposed assessment; and WHEREAS, the County Clerk has determined that there was no majority protest. A majority protest is, defined as written protests received from owners of assessed businesses in the renewed BCTBID which would pay fifty percent (50%) or more of the assessments proposed to be levied. Protests are weighted based on, the assessment proposed to be levied on each lodging business; and WHEREAS, the County bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a tax, that the amount is no more than necessary to cover the costs to the County in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the specific benefits or specific government services received by the payor. NOW, THEREFORE, BE IT RESOLVED by the Butte County Board of Supervisors that: 1. The recitals set forth herein are adopted by the Board as findings and they are true and correct. 2. The BCTBID is hereby renewed for a ten (10) year term, beginning December 1, 2020, through November 30, 2030. 3. The Plan dated May 14, 2020 is hereby adopted and approved. 4. The activities to be provided to benefit businesses in the BCTBID will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the BCTBID; to provide activities or improvements outside the BCTBID; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Plan. Notwithstanding the foregoing, improvements and activities that must be provided outside the BCTBID boundaries to create a specific benefit to the assessed businesses may be provided, but shall be limited to marketing or signage pointing to the BCTBID. 5. The Board of Supervisors finds as follows: a) The activities funded by the assessment will provide a specific benefit to assessed businesses within the BCTBID that is not provided to those not paying the assessment. b) The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. c) The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. d) Assessments imposed pursuant to the BCTBID are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all communications from the business owner as the "BCTBID Assessment" as specified in the Plan. As an alternative, the disclosure may include the amount of the BCTBID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the "Tourism Assessment." 6. The assessments levied for the BCTBID shall be applied towards marketing and sales programs, destination product development, and visitor service enhancements to market Butte County lodging businesses as tourist, meeting and event destinations, and other improvements and activities as set forth in the Plan. 7. The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on stays of more than thirty (30) consecutive days, with the exception of Oroville, whereby assessments will not be collected on stays of more than sixty (60) consecutive days. During the ten (10) year term, the assessment rate may be increased by the Owners' Association in maximum increments of one half of one percent (0.5%), to a maximum of four percent (4%) of gross short-term room rental revenue as described in the Plan. 8. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of benefit. Because the services provided are intended to increase demand for room rentals, an assessment based on room rentals is the best measure of benefit. 9. The assessments for the entire BCTBID will total approximately $564,600 in year one (1). 10. Bonds shall not be issued to fund the BCTBID. 11. The BCTBID shall include all lodging businesses with four (4) rooms or more located within the boundaries of Butte County including the cities of Chico, Oroville, Gridley, and Biggs (Cities), the Town of Paradise (Town), and all unincorporated communities and areas. A boundary map is attached hereto and incorporated herein by reference. 12. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the BCTBID assessment is levied as long as they are used consistent with the requirements set forth herein. 13. The assessments to fund the activities and improvements for the BCTBID will be collected by the County, cities, and Town on a monthly or quarterly basis, and in accordance with Streets and Highways Code §36631. 14. The Board, through adoption of this Resolution and the Plan, has the right pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners' Association of the BCTBID as defined in Streets and Highways Code §36612. The Board has determined that Explore Butte County shall be the BCTBID Owners' Association. 15. Explore Butte County, pursuant to Streets and Highways Code §36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operation of the BCTBID. 16. The BCTBID established pursuant to this resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et. seq.). 17. The County Clerk, or his or her designee, is directed to take all necessary actions to complete the renewal of the BCTBID and to levy the assessments. 18. This Resolution shall take effect immediately upon its adoption by the Board. PASSED AND ADOPTED by the Butte County Board of Supervisors this 29th day of September, 2020, by the following vote: AYES: Supervisors Connelly, Lucero, Ritter, Teeter, and Chair Lambert NOES: None ABSENT: None ABSTAIN: None Steve Lamb�e air Butte County Board of Supervisors ATTEST: Shari McCracken, Chief Administrative Officer and Clerk of , e Board of Supervisors By: Dep'uty,,/)