HomeMy WebLinkAbout4.08 Tri-Valley Tourism or
19 82 STAFF REPORT CITY CLERK
` CITY COUNCIL File #1100-30
DATE: March 3, 2015
TO: Honorable Mayor and City Councilmembers
FROM: Christopher L. Foss, City Manager "
SUBJECT: Renewal of the Tri-Valley Tourism Marketing District (TVTMD)
Prepared by Erin Steffen, Administrative Analyst 11
EXECUTIVE SUMMARY:
In 2005, lodging business owners came together and formed the Tri-Valley Tourism Business
Improvement District (TBID). Lodging business owners now wish to renew the TBID, which will
continue to provide funding for much needed marketing efforts for the Tri-Valley through Visit
Tri-Valley. By adopting this Resolution, the City Council will grant permission to the City of
Pleasanton to renew the district as the Tri-Valley Tourism Marketing District (TVTMD).
FINANCIAL IMPACT:
Adopting this resolution will have no immediate fiscal impact. The TVTMD, if renewed, will
continue working to bring visitors to the City which may increase transient occupancy and sales
tax revenue.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Granting Consent to the City of
Pleasanton to Renew the Tri-Valley Tourism Marketing District (TVTMD).
l
Submitted ty Reviewed By
Economic Development Director/ Assistant City Manager
Public Information Officer
DESCRIPTION:
In 2005, the Dublin City Council granted consent to the City of Pleasanton to form the original
Tri-Valley Tourism Business Improvement District (TBID) for the purpose of expanding tourism
in the Tri-Valley cities Dublin, Livermore, Pleasanton, and San Ramon. The intent of creating
the TBID stemmed from the Visit Tri-Valley's desire to create a revenue source which promotes
and supports tourism in the Tri-Valley area by marketing it to potential visitors. In 2010, the TBID
was renewed and expanded to include the Town of Danville.
Page 1 of 3 ITEM NO. 4.8
The current assessment district, which is $2.00 per occupied room per room night, has been
raising approximately $1,520,000 annually from the lodging businesses in the Tri-Valley cities.
Participating cities and counties receive a fee equal to 1% of the amount of the assessment
collected within their jurisdiction to cover the costs of collection and administration.
The TBID is a special benefit assessment district, which may be renewed pursuant to the
Property and Business Improvement District Law of 1994. The 1994 law allows for the formation
of multi-jurisdictional improvement districts, with consent of the included jurisdictions being
granted to one "lead"jurisdiction.
Visit Tri-Valley has been exploring the renewal of the district, as the current five-year district is
set to expire soon. After meeting with a subcommittee of staff and hoteliers representing each
Tri-Valley city, Visit Tri-Valley has prepared a Management District Plan (Attachment 1) that
proposes the following changes for the renewed district:
• The Tri-Valley Tourism Business Improvement District (TBID) will be renewed as the Tri-
Valley Tourism Marketing District (TVTMD) to more accurately reflect the purpose of the
district.
• While the current assessment only included those lodging properties with 35 or more
rooms, the renewal will include all 36 lodging businesses within the identified geographic
areas, regardless of number of rooms. The voting strength for each lodging business is
determined by the property's number of rooms factored by occupancy rate.
• Hotels will continue to self-assess a $2.00 fee per occupied room per night, with the
option to increase the assessment starting in the third year (2018) but not to exceed
$3.00 per occupied room per night. This is consistent with other tourism business
improvement districts throughout the region and state.
• The TVTMD will expand to include areas of unincorporated Alameda County and Contra
Costa County, including: the communities of Alamo, Blackhawk and Sunol. With the
exception of San Ramon, the four other Tri-Valley cities will continue support for the
assessment district.
• The renewal is proposed to begin on July 1, 2015, and last for seven years through June
30, 2022; previous assessment terms have lasted five years.
The Pleasanton City Council has requested consent for the City of Pleasanton to act as the lead
jurisdiction in renewing the TVTMD. On February 17, the Pleasanton City Council adopted
Resolution 15-733 (Attachment 2) requesting consent from the cities of Dublin and Livermore,
the town of Danville, and unincorporated areas of Alameda County and Contra Costa County to
adopt the renewed TVTMD.
Adopting this Resolution (Attachment 3) will give the City of Pleasanton authority to include the
City of Dublin in the renewed TVTMD. To renew the TVTMD, the City of Pleasanton will follow
the renewal proceedings specified in the 1994 Act, including accepting petitions, adopting a
resolution declaring their intention to form the district, holding a public meeting and public
hearing to allow for comments, and adopting an ordinance forming the district.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Extensive public outreach was conducted by Visit Tri-Valley staff and its board, including one-
on-one meetings with hoteliers. In the City of Dublin, three of the four of the participating hotels,
representing approximately 80% of Dublin's available hotel occupancy, have signed the petition
Page 2 of 3
agreeing to renew the district; this exceeds the minimum required for approval (the fourth hotel
did not respond to the request).
ATTACHMENTS: 1. Management District Plan dated December 15, 2014
2. City of Pleasanton Resolution 15-733 Requesting Consent of the
Cities of Livermore, Dublin and the Town of Danville, and the
Counties of Alameda and Contra Costa to Renew the Tri-Valley
Tourism Marketing District (TVTMD)
3. Resolution Granting Consent to the City of Pleasanton to Renew the
Tri-Valley Tourism Marketing District (TVTMD)
Page 3 of 3
Management
TriValley Tourism Marketing District
December 15, 2014
n-
7
rt
CONTENTS
I. OVERVIEW...................................................................................................................................3
II. IMPETUS ....................................................................................................................................5
III. BACKGROUND ..........................................................................................................................6
IV. BOUNDARY...............................................................................................................................7
V. BUDGET AND SERVICES..............................................................................................................8
A. Annual Service Plan ............................................................................................................8
B. Determination of Specific Benefit.......................................................................................9
C. Assessment.......................................................................................................................10
D. Penalties and Interest.......................................................................................................11
E. Time and Manner for Collecting Assessments..................................................................11
F. Annual Budget...................................................................................................................11
VI. GOVERNANCE.........................................................................................................................12
A. Owners' Association .........................................................................................................12
B. Brown Act and California Public Records Act Compliance................................................12
C. Annual Report...................................................................................................................12
APPENDIX 1— LAW..........................................................................................................................13
APPENDIX 2—ASSESSED BUSINESSES .............................................................................................24
Prepared by
Civitas
CIVITAs
(800)999-7781
www.civitasadvisors.com
December 15, 2014
1. OVERVIEW
Developed by Visit TriValley (VIV), the TriValley Tourism Marketing District (TVTMD) is an
assessment district proposed to provide specific benefits to payors, by funding marketing and sales
promotion efforts for assessed businesses. The TVTMD was formed in 2005 as the Tri-Valley
TBID for a five-year term and renewed in 2010 for a five-year term;lodging businesses now wish to
renew it for an additional seven years.
Location: The proposed TV N/1D includes all lodging businesses located within the boundaries
of the town of Danville, the cities of Dublin, Livermore, and Pleasanton and those
portions of the unincorporated areas of Contra Costa and Alameda Counties shown
on the map below,which include the communities of Alamo, Blackhawk, and Sunol,
the portion of the counties that lies between the cities of Pleasanton and Livermore,
and that portion of Alameda County which lies southeast of Interstate 580 as shown
on the map in Section IV.
Services: The TVTMD is designed to provide specific benefits directly to payors by increasing
room night sales. Marketing and sales promotions will increase overnight tourism
and market payors as tourist, meeting and event venues, thereby increasing room
night sales.
Budget: The total TVTMD annual budget for the initial year of its seven (7) year operation is
anticipated to be approximately $1,822,000. This budget is expected to fluctuate as
room sales do.
Cost: The annual assessment rate is $2.00 per paid occupied room per night. Based on the
benefit received, assessments will not be collected on stays of more than thirty (30)
consecutive days, nor on stays by any Federal or State of California officer or
employee when on official business who makes a claim that they are exempt, nor on
stays by any officer or employee of a foreign government who is exempt by reason
of express provision of federal law or international treaty. The annual assessment
rate may be subject to an increase each year starting in the third year, the amount of
which shall be determined by the VlV Board. The annual assessment rate shall not
exceed $3.00 per paid occupied room per night.
Collection: Each City and County will be responsible for collecting the assessment on a quarterly
basis (including any delinquencies, penalties and interest) from each lodging business
located in their respective jurisdictions. Each City and County shall take all reasonable
efforts to collect the assessments from each lodging business. On a quarterly basis,
each City and County shall forward the assessment collected to the City of Pleasanton
which shall forward the assessments collected to the Owners'Association.
Management District Plan 3
December 15, 2014
Duration: The renewed TV1MD will have a seven (7)-year life. The TV N/ID assessment will
be implemented beginning July 1, 2015 through June 30, 2022. Once per year,
beginning on the anniversary of district renewal, there is a 30-day period in which
owners paying more than fifty percent (50%) of the assessment may protest and
initiate a Pleasanton City Council hearing on district termination.
Management: The Tri-Valley Convention and Visitors Bureau (also known as Visit TriValley) will
serve as the TVl'1VID's Owners' Association. The Owners' Association is charged
with managing funds and implementing programs in accordance with this Plan, and
must provide annual reports to the Pleasanton City Council.
Management District Plan 4
December 15, 2014
11. IMPETUS
There are several reasons why now is the right time to renew a TAM in TriValley; the most
compelling reasons are as follows:
1. The Need to Increase Occupancy
The renewal of the TV N/ID is a proactive effort to secure funding for tourism marketing.
The funding will ensure that adequate financing exists for the investment required to
increase occupancy in the lodging industry and be competitive in the tourism market. The
investment will cover an expanded marketing and promotional budget needed to reach this
market segment.
2. An Opportunity for Increasing City Tax revenues
As occupancy rates increase, so too will the cities' TOT revenue. With stable public/private
funding for tourism marketing efforts, annual occupancy rates should increase as new
marketing and sales promotion programs are implemented. Greater occupancy will also
produce an increase in sales tax revenues from tourist spending. This represents a
substantial return to the cities. The renewal of the TVTMD in partnership with the V1V
creates a stable funding source tied directly to tourism promotion.
3. Stable Funding for Tourism Promotion
The TVTMD will provide a stable source of funding for consistent tourism promotion
efforts. The TVTMD will provide funding for tourism promotion free of the political and
economic circumstances that can reduce or eliminate government funding for tourism
promotion.
Management District Plan 5
December 15, 2014
111. BACKGROUND
TMDs are an evolution of the traditional Business Improvement District. The first TMD was
formed in West Hollywood, California in 1989. Since then, more than eighty California destinations
have followed suit. In recent years, other states have begun adopting the California model —
Washington, Montana, and Texas have adopted TMD laws. Several other states are in the process
of adopting their own legislation. And, some cities,like Portland, Oregon, have utilized their charter
powers to create TMDs without
Number of Tlas Operating Per Year a state law.
83
sa
S° California's TMDs collectively
70 'Z_ _ raise more than $150 million for
60 63 local destination marketing.
60 — — With competitors raising their
_ budgets, and increasing rivalry
sa as for visitor dollars,it is important
ao that the TriValley lodging
zs s1 businesses invest in stable,
30 xa lodging-specific marketing
20 13 programs.
9
12
10 a 5 TMDs utilize the efficiencies of
0 1 2 private sector operation in the
0 0 0 0 p 0p 0 0 0 0 0 0 0 0 0 0 market-based promotion of
Vl O � N W A Vl O1 V pp P O F-' N W A
tourism districts. TMDs allow
lodging business owners to organize their efforts to increase room night sales. Lodging business
owners within the TMD pay an assessment and those funds are used to provide services that
increase room night sales.
In California, TMDs are formed pursuant to the Property and Business Improvement District Law
of 1994. This law allows for the creation of a benefit assessment district to raise funds within a
specific geographic area. The key difference between TMDs and other benefit assessment districts is tbat unds
raised are returned to the private non profit corporation governing the district.
There are many benefits to TMDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those
who pay;
• Funds cannot be diverted to general government programs;
• They are customized to fit the needs of payors in each destination;
• They allow for a wide range of services;
• They are designed, created and governed by those svho will pay the assessment; and
• They provide a stable,long-term funding source for tourism promotion.
Management District Plan 6
December 15, 2014
IV. BOUNDARY
The TVTMD will include all lodging businesses, existing and in the future, available for public
occupancy within the boundaries of the town of Danville, the cities of Dublin, Livermore, and
Pleasanton and those portions of the unincorporated areas of Contra Costa and Alameda Counties
which include the communities of Alamo, Blackhawk, and Sunol, the portion of the counties that
lies between the cities of Pleasanton and Livermore, and that portion of Alameda County which lies
southeast of Interstate 580 as shown on the map below.
The boundary, as shown in the map below, currently includes 36 lodging businesses. A complete
listing of lodging businesses within the proposed TVTMD can be found in Appendix 2.
C V T A 5
Town of
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Management District Plan 7
December 15, 2014
V. BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred, or privileges granted directly
to, the payors that are not provided to those not charged, and which do not exceed the reasonable
cost to the City of conferring the benefits or granting the privileges. The privileges and services
provided with the TVTMD funds are sales, marketing, advertising, and promotional programs
available only to assessed businesses. Administration costs that support the provision of the services
are also allowed.
A service plan budget has been developed to deliver services that benefit businesses throughout the
District. A detailed annual budget will be developed and approved by the Owners' Association.
The table below illustrates the initial annual budget allocations.
Category Percent of Budget Dollar Amount
arketing 50°° $911,000
Sales 25% $455,500
Admin� 18% $327,960 i
City Collection Costs 2% $36,440
Contingen 5% $91,100
Total Annual Budget 100% $1,822,000
Although actual revenues will fluctuate due to market conditions, the proportional allocations of the
budget shall remain the same. However, the VTV board shall have the authority to adjust budget
allocations between the categories by no more than fifteen percent (15%) of the total budget per
year. For instance, the sales item could be reduced by 15% of the total budget (from a 25%
allocation to a 10%allocation) and the marketing item could be increased by 15% of the total budget
(from a 50% allocation to a 65% allocation); no other changes could be made because this is a 15%
adjustment. A description of the proposed improvements and activities for the initial year of
operation is below. The same activities are proposed for subsequent years. In the event of a legal
challenge against the TVTMD, any and all assessment funds may be used for the costs of defending
the TVTMD.
Marketing
The marketing program will be designed to raise awareness of assessed lodging businesses as
overnight venues,using both digital and traditional channels. Marketing programs may include:
• Generating media coverage for assessed businesses by hosting journalists, pitching media
stories,and writing press releases
• Partnerships with national and international travel organizations to benefit assessed
businesses
• Participating in press trips with partners,including Visit California and SF Travel, to increase
coverage of assessed businesses as overnight venues
• Developing and expanding social media promotions for assessed businesses, including
Facebook,Twitter,Instagram,and Pinterest
• Creating cooperative marketing opportunities for assessed lodging businesses
Management District Plan 8
December 15, 2014
• Advertising to drive room night sales at assessed businesses, including print, billboard,
television and Internet
• Digital media campaigns to drive room night sales at assessed businesses
• Producing written and online collateral to promote assessed businesses to visitors
Sales
The sales program will focus on activities that drive weekend traffic, including efforts that draw
group business. The sales programs may include:
• Sport and similar competition attraction to generate room night sales at assessed businesses
• Bridal and wedding event attraction to generate room night sales at assessed businesses
• Regional, national, and international tourism development to generate room night sales at
assessed businesses
• Sales missions and trade shows to attract overnight visitors
• Host familiarization tours for potential clients of assessed businesses
Administration and Operations
The administrative and operations portion of the budget shall be utilized for administrative staffing
costs, office costs, rent, and other general administrative costs such as insurance, legal, and
accounting fees.
City Administration Fees
The cities of Danville, Dublin, and Livermoreand the Counties of Alameda and Contra Costa shall
each be paid a fee equal to 1% of the amount of assessment collected within their jurisdiction to
cover their costs of collection and administration. The City of Pleasanton shall be paid a fee equal
to 1% of the amount of assessment collected in within its jurisdiction, plus 1% of the total
assessment collected from all jurisdictions,to cover its costs of collection and administration.
Contingency/Renewal
A prudent portion of the budget will be set aside in a contingency fund,to be used for unforeseeable
costs in carrying out the sales and marketing programs. The reserved amount each year shall be up
to five percent (5%) of the annual budget, at the discretion of the Board. If near the expiration of
the district there are contingency funds remaining, and business owners wish to renew the district,
the remaining contingency funds may be used for renewal costs. Unless they are needed for
programs, at the discretion of the Board, contingency funds will be banked until such time as the
total fund reaches an amount equal to six months of operating expenses, which amount will be
determined by the VTV Board. After that balance has been achieved, contingency funds may be re-
allocated to sales and marketing programming.
B. Determination of Specific Benefit
State law requires that assessment funds be expended on specific benefits conferred directly to the
payors that are not provided to those not charged, and which do not exceed the reasonable cost to
the City of conferring the benefits. The services in this Management District Plan are designed to
provide targeted benefits directly to assessed 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 activities are specifically targeted to increase room night sales for assessed lodging
businesses within the boundaries of the District, and are narrowly tailored. TVTMD funds will be
used exclusively to provide the specific benefit of increased room night sales directly to the
Management District Plan 9
December 15, 2014
assessees. For example, non-assessed businesses will not receive room night sales leads from the
TV1MD programs. The activities paid for from assessment revenues are business services
constituting and providing specific benefits to the assessed businesses.
Further, the assessment may be utilized to provide specific government services directly to the
payors that are not provided to those not charged, and which do not exceed the reasonable costs to
the City of providing the services. The legislature has recognized that marketing and promotions
services like those to be provided by the TVTMD are, in the context of assessment districts,
government services. Further, the amount of the assessment is no more than necessary to cover the
reasonable costs of the proposed activities, and the manner in which the costs are allocated to a
business owner bear a fair share or reasonable relationship to the businesses' benefits received from
the proposed activities.
District services will be implemented carefully to ensure they do not exceed the reasonable cost of
such services. Funds will be managed by the Owners' Association, and reports submitted on an
annual basis to the City. Only assessed businesses will receive room night sales leads generated from
district-funded activities, receive room night sales from advertising campaigns, and directly receive
the specific benefit of room night sales from other district-funded services. Non-assessed
businesses will not directly receive these, nor any other, district-funded services and benefits. The
legislature has recognized that tourism district assessments are not taxes "merely because they might
generate indirect, secondary benefits for nonpayers, provided that those indirect, secondary benefits
occur incidentally and without cost to the payors of the assessment."
C. Assessment
The annual assessment rate is $2.00 per paid occupied room per night. Based on the benefit
received, assessments will not be collected on stays of more than thirty (30) consecutive days, nor on
stays by any Federal or State of California officer or employee when on official business who makes
a claim that they are exempt, nor on stays by any officer or employee of a foreign government who
is exempt by reason of express provision of federal law or international treaty.
The annual assessment rate may be subject to an increase each year starting in the third year, the
amount of which shall be determined by the V1V Board. The annual assessment rate shall not
exceed $3.00 per paid occupied room per night. For instance, the rate could be increased $0.10 (to
$2.10) in year three, $0.80 (to $2.90) in year four, and $0.10 (to $3.00) in year five; thereafter it could
not be increased further. Any increase in the assessment rate must be approved by the Visit
TriValley Board of Directors, including a majority of the hotels then on the Board, and included in
the annual report.
The amount of assessment, if passed on to each transient, shall be disclosed in advance and
separately stated from the amount of rent charged and any other applicable taxes, and each transient
shall receive a receipt for payment from the business. The assessment shall be disclosed as the
"TWI\M Assessment." The assessment shall not be considered revenue for any purposes,
including calculation of transient occupancy taxes.
Bonds may not be issued.
Management District Plan 10
December 15, 2014
D. Penalties and Interest
9. Any business which fails to pay any assessment within the time required shall pay a
penalty of ten percent (10%) of the amount of the assessment in addition to the amount
of the assessment.
2. Any business which fails to remit any delinquent assessment on or before a period of 30
days following the date on which the assessment first became delinquent shall pay a
second delinquency penalty of ten percent (10%) of the amount of the assessment in
addition to the amount of the assessment and the ten percent (10%) penalty first
imposed.
3. If it is determined that the nonpayment of any assessment is due to fraud, a penalty of
twenty-five percent (25%) of the amount of the assessment shall be added thereto in
addition to the penalties stated above.
4. In addition to the penalties imposed, any business which fails to remit any assessment
shall pay interest at the rate of one-half of on percent (0.5%) per month or fraction
thereof on the amount of the assessment, exclusive of penalties, from the date on which
the assessment first became delinquent until paid.
S. Every penalty imposed and such interest as accrues shall become a part of the
assessment required to be paid.
E. Time and Manner for Collecting Assessments
The TVTMD assessment will be implemented beginning July 1,2015 and will continue for seven (7)
years through June 30,2022. Each City and County will be responsible for collecting the assessment
on a quarterly basis (including any delinquencies, penalties and interest) from each lodging business
located in the boundaries of the TVTMD. Each City and County shall take all reasonable efforts to
collect the assessments from each lodging business. On a quarterly basis, each City and County shall
forward the assessment collected to the City of Pleasanton. The City of Pleasanton shall forward the
assessments collected to the Owners'Association.
F. Annual Budget
The total seven year improvement and service plan budget is projected at approximately $1,822,000
annually, or $12,754,000 through 2022. This amount may fluctuate as sales and revenue increase at
assessed businesses, or if the assessment rate is increased.
Management District Plan 11
December 15, 2014
VL GOVERNANCE
A. Owners' Association
The Pleasanton City Council, through adoption of this Management District 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 TVTMD as defined in Streets and
Highways Code §36614.5. The City Council has determined that the Tri-Valley Convention and
Visitors Bureau (also known as Visit TriValley) will serve as the Owner's Association for the
TV1MD.
More than one-half of the members of the Visit TriValley Board of Directors shall be
representatives of assessed lodging businesses.
B. Brown Act and California Public Records Act Compliance
An Owners' Association is a private entity and may not be considered a public entity for any
purpose, nor may its board members or staff be considered to be public officials for any purpose.
The Owners' Association is, however, subject to government regulations relating to transparency,
namely the Ralph M. Brown Act and the California Public Records Act. These regulations are
designed to promote public accountability. The Owners'Association is considered a legislative body
under the Ralph M. Brown Act (Government Code 554950 et seq.). Thus, meetings of the V1V
board and certain committees must be held in compliance with the public notice and other
requirements of the Brown Act. The Owner's Association is also subject to the record keeping and
disclosure requirements of the California Public Records Act. Accordingly, the Owner's Association
shall publicly report any action taken and the vote or abstention on that action of each member
present for the action.
C. Annual Report
V1V shall present an annual report at the end of each year of operation to the Pleasanton City
Council pursuant to Streets and Highways Code 536650 (see Appendix 1). The annual report will
include:
• Any proposed changes in the boundaries of the tourism improvement district or in any
benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year.
• An estimate of the cost of providing the improvements and the activities for that fiscal year.
• The method and basis of levying the assessment in sufficient detail to allow each business
owner to estimate the amount of the assessment to be levied against his or her business for
that fiscal year.
• The amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The amount of any contributions to be made from sources other than assessments levied.
Management District Plan 12
December 15, 2014
APPENDIX 1 - LAW
Property And Business Improvement District Law of 1994
Cal Sts & Hy Code§36600 (2013)
***This document is current through the 2014 Supplement***
(All 2013 legislation)
li 36600. Citation of part
This part shall be known and may be cited as the"Property and Business Improvement District Law of 1994."
13 36601. Legislative findings and declarations
The Legislature finds and declares all of the following:
(a)Businesses located and operating within the business districts of this state's communities are 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) It 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.
13 36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy
assessments within a business improvement area. This part does not affect or limit any other provisions of law
authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these
purposes.
li 36603. Preemption of authority or charter city to adopt ordinances levying assessments
Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a
different method of levying assessments for similar or additional purposes from those set forth in this part. A
property and business improvement district created pursuant to this part is expressly exempt from the provisions of
the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with
Section 2800)).
13 36603.5. Part prevails over conflicting provisions
Any provision in this part that conflicts with any other provision of law shall prevail over the other provision of
law.
Management District Plan 13
December 15, 2014
B 36604. Severability
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.
li 36605. [Section repealed 2001.]
B 36606. "Assessment"
"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.
B 36607. "Business"
"Business"means all types of businesses and includes financial institutions and professions.
B 36608. "City"
"City" means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing
with Section 6500) of Chapter S of Division 7 of Title I of the Government Code, the public member agencies of
which includes only cities,counties,or a city and county,or the State of California.
B 36609. "City council"
"City council" means the city council of a city or the board of supervisors of a county, or the agency,
commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this
Part-
B 36610. 'Improvement"
"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 public restrooms.
(d)Lighting and heating facilities.
(e)Decorations.
(1)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.
(1)Rehabilitation or removal of existing structures.
Management District Plan 14
December 15, 2014
B 36611. "Property and business improvement district"; "District"
"Property and business improvement district," or"district," means a property and business improvement district
established pursuant to this part.
B 36612. "Property"
"Property" means real property situated within a district.
B 36613. "Activities"
"Activities"means,but is not limited to,all of the 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.
(1)Activities which benefit businesses and real property located in the district.
B 36614. "Management district plan"; "Plan"
"Management district plan" or"plan"means a proposal as defined in Section 36622.
B 36614.5. "Owners' association"
"Owners' association" means a private nonprofit entity that is under contract with a city to administer or
implement activities and improvements specified in the management district plan.An owners'association may be an
existing nonprofit entity or a 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 staff be considered to be public
officials for any purpose. Notwithstanding this section, an owners' association shall comply with the Ralph M.
Brown Act(Chapter 9(commencing with Section 54950)of Part I of Division 2 of Title 5 of the Government Code),
at all times when matters within the subject matter of the 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 I of the
Government Code),for all documents relating to activities of the district.
B 36615. "Property owner"; "Business owner"; "Owner"
"Property owner" means any person shown as the owner of land on the last equalized assessment roll or
otherwise known to be the owner of land by the city council. "Business owner" means any person recognized by the
city as the owner of the business. "Owner" means either a business owner or a property owner. The city council has
no obligation to obtain other information as to the ownership of land or businesses, and its determination of
ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the
property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part
requires the signature of the business owner, the signature of the authorized agent of the business owner shall be
sufficient.
Management District Plan 15
December 15, 2014
0 36616. "Tenant"
"Tenant" means an occupant pursuant to a lease of commercial space or a dwelling unit,other than an owner.
B 36617. Alternate method of financing certain improvements and activities;Effect on other provisions
This part provides an alternative method of financing certain improvements and activities. The provisions of
this part shall not affect or limit any other provisions of law 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 Section 36500)of
this division)is valid and effective and is unaffected by this part.
0 36620. Establishment of property and business improvement district
A property and business improvement district may be established as provided in this chapter.
li 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city
council of that 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 form a district within the territorial jurisdiction of
another city without the consent of the city council of the other city.
li 36621. Initiation of proceedings;Petition of property or business owners in proposed district
(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 proposed to be levied, the city council may initiate
proceedings to form a district by the adoption of a 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)Information specifying that the complete management district plan shall be furnished upon request.
(c)The resolution of intention described in subdivision(a)shall contain all of the following:
(1)A brief description of the proposed activities and improvements, the amount of the proposed assessment, a
statement as to whether the assessment will be levied on property or businesses within the district, a statement as to
whether bonds will be issued, and a description of the exterior boundaries of the proposed district. The descriptions
and statements do not need to be detailed and shall be 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) A time and place for 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.
li 36622. Contents of management district plan
The management district plan shall contain all of the following:
(a)If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of
Management District Plan 16
December 15, 2014
property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on
businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably
determine whether a business is located within the district boundaries. If the assessment will be levied on property
and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business
owner to reasonably determine whether a business is located within the district boundaries.
(b)The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for
establishment or extension in a manner sufficient to identify the affected lands and businesses included. The
boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing
property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district
created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of
law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing
with Section 36500)).This part does not prohibit the boundaries of a business assessment district created pursuant to
this part to overlap with another business assessment district created pursuant to this part.This part does not prohibit
the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment
district created pursuant to this part.
(d)The improvements and activities proposed for each year of operation of the district and the maximum cost
thereof.If the improvements and activities proposed for each year of operation are the same,a description of the first
year's proposed improvements and activities and a statement that the same improvements and activities are proposed
for subsequent years shall satisfy the requirements of this subdivision.
(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. If the assessment is levied on businesses, this amount may be
estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of
operation of the district is not significantly different, the amount proposed to be expended in the initial year and a
statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(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 amount of the assessment to
be levied against his or her property or business. The plan also shall 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 term 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 for each year of operation of the district.
(i)The proposed time for implementation and completion of the management district plan.
0)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 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 received by the property or business,to defray the
cost thereof,including operation and maintenance.
(1)Any other item or matter required to be incorporated therein by the city council.
B 36623. Procedure to levy assessment
(a)If a city council proposes to levy a new or increased property assessment,the notice and protest and hearing
procedure shall comply with Section 53753 of the Government Code.
(b)If a city council proposes to levy a new or increased business assessment,the notice and protest and hearing
procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the
owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested
Management District Plan 17
December 15, 2014
person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city
council may waive any irregularity in the form or content of any written protest.A written protest may be withdrawn
in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of
the business in which the person subscribing the protest is interested sufficient to identify the business and, if a
person subscribing is not shown on the official records of the city as the owner of the business, the protest shall
contain or be accompanied by written evidence that the person subscribing is the owner of the business or the
authorized representative. A written protest that does not comply with this section shall not be counted in
determining a majority protest. If written protests are received from the owners or authorized representatives of
businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and
protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the
proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period
of one year from the date of the finding of a majority protest by the city council.
(c) If a city council proposes to conduct a single proceeding to levy both a new or increased property
assessment and a new or increased business assessment, the notice and protest and hearing procedure for the
property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the
business assessment shall comply with subdivision (b). If a majority protest is received from either the property or
business owners, that respective portion of the assessment shall not be levied. The remaining portion of the
assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing
both property and business owners.
B 36624. Changes to proposed assessments
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.
d 36625. Resolution of formation
(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 of formation that shall contain all of the following:
(1)A brief description of the proposed activities and improvements, the amount of the proposed assessment, a
statement as to whether the assessment will be levied on property,businesses,or both within the district,a statement
about 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
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 of the 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, businesses, or properties and 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 funded 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 for any purpose other than the purposes specified in the resolution
of intention,as modified by the city council at the hearing concerning establishment of the district.
(7)A finding that the property or businesses within the area of the property and business improvement district
will be benefited by the improvements and activities funded by the assessments proposed to be levied.
Management District Plan 18
December 15, 2014
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to
Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management
district plan.
0 36626. Resolution establishing district
If the city council, following the public hearing, desires to establish the proposed property and business
improvement district, and the city council has not made changes pursuant to Section 36624, or has made changes
that do not substantially change the proposed assessment, the city council shall adopt a resolution establishing the
district. The resolution shall contain all of the information 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.
B 36626.5. [Section repealed 1999.]
li 36626.6. [Section repealed 1999.]
li 36626.7. [Section repealed 1999.]
B 36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625
or Section 36626,the clerk of the city shall record a notice and an assessment diagram pursuant to Section 3114. No
other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant
to this part.
B 36628. Establishment of separate benefit zones within district; Categories of businesses
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 the 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 of business,or on each category of business within each zone.
0 36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the 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.
li 36629. Provisions and procedures applicable to benefit zones and business categories
All provisions of this part applicable to 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,follow the procedure to establish,modify,or disestablish a property and business improvement district.
li 36630. Expiration of district; Creation of new district
Management District Plan 19
December 15, 2014
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.
B 36631. Time and manner of collection of assessments;Delinquent payments
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 levying the assessment. 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.
li 36632. Assessments to be based on estimated benefit; Classification of real property and businesses;
Exclusion of residential and agricultural property
(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 may classify
properties 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 benefit 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 agricultural use, are conclusively presumed
not to benefit from the improvements and service funded through these assessments, and shall not be subject to any
assessment pursuant to this part.
li 36633. Time for contesting validity of assessment
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 final judgment in an action or proceeding shall be perfected within 30 days after
the entry of judgment.
li 36634. Service contracts authorized to establish levels of city services
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 formed.
li 36635. Request to modify management district plan
The owners' association may, at any time, request that the city council modify the management district plan.
Any modification of the management district plan shall be made pursuant to this chapter.
li 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention;
Modification of improvements and activities by adoption of resolution after public hearing
(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. If
the modification includes the levy of a new or increased assessment, the city council shall comply with Section
36623.Notice of all other public meetings and public hearings pursuant to this section shall comply with both of the
following:
Management District Plan 20
December 15, 2014
(1)The resolution of intention shall be published in a newspaper of general circulation in the city once at least
seven days before the public meeting.
(2)A complete copy of the resolution of intention shall be mailed by first class mail,at least 10 days before the
public meeting,to each business owner or property owner affected by the proposed modification.
(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.
li 36637. Reflection of modification in notices recorded and maps
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.
li 36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments
(a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the
estimated cost of some or all of the proposed improvements described in the resolution of formation adopted
pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance
of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in
conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of
Chapter 5 of Division 7 of Title 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 of formation adopted pursuant to Section 36625, set forth the estimated cost of those
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 exceed the amount of revenue estimated to be raised from
assessments over 30 years.
(c)Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any
bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely
retirement of the debt.
li 36641. [Section repealed 2001.]
li 36642. [Section repealed 2001.]
li 36643. [Section repealed 2001.]
li 36650. Report by owners' association;Approval or modification by city council
(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 of the 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.
(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 information:
(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.
Management District Plan 21
December 15, 2014
(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 amount of the assessment to be levied against his or her property or business
for that fiscal year.
(5)The amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The amount of any contributions to be made from sources other than assessments levied pursuant to this
part.
(c) The city council may approve the report as filed by the owners' association or may modify any particular
contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and
36636.
The city council shall not approve a change in the basis and method of levying assessments that would impair
an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any
commitment to pay principal and interest on any bonds issued on behalf of the district.
li 36651. Designation of owners' association to provide improvements and activities
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. If the management district plan designates an
owners'association,the city shall contract with the designated nonprofit corporation to provide services.
li 36660. Renewal of district; Transfer or refund of remaining revenues;District term limit
(a) Any district previously established whose term has expired, may be renewed by following the procedures
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 transferred 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 shall be refunded 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 or prior district.
li 36670. Circumstances permitting disestablishment of district;Procedure
(a)Any district established or extended pursuant to the provisions of this part, where there is no indebtedness,
outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by
resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in
connection with the management of the district,it shall notice a hearing on disestablishment.
(2)During the operation of the district,there shall be a 30-day period each year in which assessees may request
disestablishment of the district. The first such period shall begin one year after the date of establishment of the
district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the
establishment of the district. Each successive year of operation of the district shall have such a 30-day period.Upon
the written petition of the owners or authorized representatives of real property or the owners or authorized
representatives of businesses in the area who pay 50 percent or more of the assessments levied,the city council shall
pass a resolution of intention to disestablish the district.The city council shall notice a hearing on disestablishment.
(b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing
Management District Plan 22
December 15, 2014
required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place
of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the
assessments levied within the property and business improvement district. 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 business owners. The public hearing shall be held not
more than 60 days after the adoption of the resolution of intention.
B 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district;
Calculation of refund;Use of outstanding revenue collected after disestablishment of district
(a) Upon the disestablishment or expiration without renewal 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 district is disestablished or
expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and
activities specified in the management district plan.
(b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method 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.
Management District Plan 23
December 15, 2014
APPENDIX 2 - ASSESSED BUSINESSES
Business Name Street Address City State Zip
America's Best Value Inn 1421 First St Livermore CA 94550
Best Western - Pleasanton Inn 5375 Owens Ct Pleasanton CA 94588
Best Western Sycamore Inn 803 Camino Ramon Danville CA 94526
Best Western Vineyard Inn 7600 Southfront Rd Livermore CA 94551
Comfort Inn 2625 Constitution Dr Livermore CA 94551
Courtyard by Marriott 2929 Constitution Dr Livermore CA 94551
Courtyard by Marriott 5059 Hopyard Rd Pleasanton CA 94588
Doubletree by Hilton 720 Las Flores Rd Livermore CA 94551
Extended Stay America 2380 Nissen Dr Livermore CA 94550
Extended Stay America 4500 Dublin Blvd Dublin CA 94568
Extended Stay Deluxe 4555 Chabot Dr Pleasanton CA 94588
Four Points by Sheraton 5115 Hopyard Rd Pleasanton CA 94588
Hampton Inn Livermore 2850 Constitution Dr Livermore CA 94551
Hawthorn Suites by Wyndham 1700 N. Livermore Ave Livermore CA 94551
Hilton Garden Inn Livermore 2801 Constitution Dr Livermore CA 94551
Hilton Pleasanton at the Club 7050 Johnson Dr Pleasanton CA 94588
Holiday Inn Dublin 6680 Regional St Dublin CA 94568
Holiday Inn Express Hotel &
Suites 3000 Constitution Dr Livermore CA 94551
Hyatt House 4545 Chabot Dr Pleasanton CA 94588
Hyatt Place 4950 Hacienda Dr Dublin CA 94568
La Quinta Inn 7700 Southfront Rd Livermore CA 94551
La Quinta Inn &Suites 6275 Dublin Blvd Dublin CA 94568
Larkspur Landing Hotel 5535 Johnson Dr Pleasanton CA 94588
Marriott Pleasanton 11950 Dublin Canyon Rd Pleasanton CA 94588
Motel 6 4673 Lassen Rd Livermore CA 94550
Motel 6 - Pleasanton 5102 Hopyard Road Pleasanton CA 94588
Quality Inn & Suites 5959 Preston Ave Livermore CA 94551
Residence Inn by Marriott 1000 Airway Blvd Livermore CA 94551
Residence Inn by Marriott 11920 Dublin Canyon Rd Pleasanton CA 94588
Sands Motel 3787 First St Livermore CA 94551
Management District Plan 24
December 15, 2014
Business Name Street Address City State Zip
Sheraton Pleasanton 5990 Stoneridge Mall Rd Pleasanton CA 94588
Springtown Inn 933 Bluebell Dr Livermore CA 94550
Studio Inn 1321 Portola Ave Livermore CA 94551
The Purple Orchid Wine Country 4549 Cross Rd Livermore CA 94550
Resort& Spa
The Rose Hotel 807 Main St Pleasanton CA 94566
Tri-Valley Inn & Suites 2025 Santa Rita Rd Pleasanton CA 94566
Management District Plan 25
December 15, 2014
RESOLUTION NO. 15-733
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON
REQUESTING CONSENT OF THE CITIES OF LIVERMORE, DUBLIN, AND THE
TOWN OF DANVILLE, AND THE COUNTIES OF ALAMEDA AND CONTRA
COSTA TO RENEW THE TRI VALLEY TOURISM MARKETING DISTRICT
(TVTMD)
WHEREAS, the City Council of the City of Pleasanton desires to renew the Tri-
Valley Tourism Marketing District (TVTMD) pursuant to the Property and Business
Improvement District Law of 1994, California Streets and Highways Code section 36600
et seq. to fund tourism promotions and marketing programs which provide a specific
benefit to the assessed lodging businesses; and
WHEREAS, certain lodging business owners have requested that the City Council
of the City of Pleasanton renew the TVTMD for purposes of promotion of lodging
businesses in the Tri-Valley area; and
WHEREAS, the territory proposed to be included in the TVTMD lies within the
boundaries of the Cities of Pleasanton, Livermore, and Dublin, and the Town of Danville,
and identified portions of unincorporated areas of Alameda and Contra Costa Counties as
shown on the map attached hereto as Exhibit A and incorporated herein by such
attachment; and
WHEREAS, the lodging businesses located within the area of the Cities, Town and
Counties which lie within the boundaries of the proposed TVTMD will, in the opinion of the
City Council, be benefited by the proposed improvements and activities to be carried out,
and the purpose sought to be accomplished by the work can best be accomplished by a
single comprehensive scheme of work; and
WHEREAS, consenting cities, town and counties will participate in the TVTMD by
collecting and transferring to the City of Pleasanton the TVTMD assessment applied to
lodging businesses within their jurisdictions.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Pleasanton that:
Section 1: The above recitals are true and correct.
Section 2: Consent of the Cities, Town and Counties, through their respective
Councils and Boards of Supervisors, is hereby requested to renew the TVTMD, and to
grant to the City Council of the City of Pleasanton jurisdiction for all the purposes in
connection with creation and operation of the proposed TVTMD, with input from the
lodging businesses and participating jurisdictions.
Section 3: The City Clerk is hereby directed to transmit a certified copy of this
Resolution to the Clerk of the Cities of Livermore and Dublin, the Town of Danville, and
the Counties of Alameda and Contra Costa.
1
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Pleasanton at a regular meeting held on February 17, 2015.
I, Karen Diaz, City Clerk of the City of Pleasanton, California, certify that the
foregoing resolution was adopted by the City Council at a regular meeting held on the
17th day of February, 2015, by the following vote:
Ayes: Councilmembers Brown, Narum, Olson, Pentin, Mayor Thorne
Noes: None
Absent: None
Abstain: None
Karen iaz, City Clerk
APPROVED AS TO FORM:
Jona . Lowell, City Attorney
2
EXHIBIT A
District Boundaries
T' riVelley T' IM'ID
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V6 �Jl!y N
N n
D �l�s�yo r I V I f A
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ws,
The boundaries of the district shall be those of the cities of Pleasanton, Livermore,
Dublin, and the Town of Danville, and those portions of unincorporated Alameda
and Contra Costa Counties show on the map, which include the communities of
Alamo, Blackhawk, and Sunol, the portion of the counties that lies between the
cities of Pleasanton and Livermore, and that portion of Alameda County which lies
southeast of Interstate 580.
3
RESOLUTION NO. XX- 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
GRANTING CONSENT TO THE CITY OF PLEASANTON TO RENEW THE TRI-VALLEY
TOURISM MARKETING DISTRICT (TVTMD)
WHEREAS, the City of Pleasanton is beginning the process to renew the Tri-Valley
Tourism Marketing District (TVTMD) pursuant to the Property and Business Improvement
District Law of 1994, Streets and Highways Code Section 26600 et seq., to promote tourism
and the lodging businesses in Tri-Valley; and
WHEREAS, the City Council of the City of Pleasanton has requested consent to renew
the TVTMD in the City of Dublin with adoption of Pleasanton City Council Resolution No. 15-
733, dated February 17, 2015.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin, that:
1. The above recitals are true and correct.
2. The City Council consents to the City of Pleasanton renewing the TVTMD, which
district shall include the City of Dublin.
3. The City Clerk of the City Council is hereby directed to transmit a copy of this
Resolution to the Clerk of the City of Pleasanton City Council.
4. This Resolution is effective upon its adoption.
PASSED, APPROVED AND ADOPTED this 3rd day of March, 2015 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk